When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well ...
There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
Here’s a cautionary tale if you’re tempted to throw together a quick liability release without paying an attorney.
Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.
Freeport’s former fire chief has sued the city and the city manager, claiming he was wrongfully terminated for reporting an alleged violation of the Texas Open Meetings Act.
Generally, public employees are entitled to a hearing before they are terminated. But in some government functions, employees who work at senior levels are deemed to be serving at the pleasure of the head of their agency or unit.
Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.
Listen up! Breaking news! It doesn’t really matter whom you label as a supervisor any more. As a way to hold a company liable for sexually harassing conduct by a “supervisor,” one court recently relabeled a co-worker as a “supervisor,” even though this person had absolutely no power to hire, fire, promote, demote or otherwise affect the harassed employee’s job status. The court, with the support of the EEOC, ruled that just being the “highest ranking employee on site” with the ability to set schedules and dole out discipline makes for a supervisor as a matter of law.
Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.
While the federal Civil Rights Act contains no outright prohibition against discrimination based on sexual orientation, that doesn’t mean employers can get away with discriminating against employees who don’t fit society’s stereotypes about how men and women should look. Sex stereotyping may well be sex discrimination because it is based on notions of what is “feminine” and “masculine.”