North Carolina state employees who take their discrimination complaints to the North Carolina Office of Administrative Hearings lose the right to litigate the same claims later in federal court under Title VII. They don’t get two bites at the apple.
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!
Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.
Question: “Our office manager constantly takes aim at minorities and older employees. After we sent an anonymous letter to the human resources manager about this woman’s prejudiced behavior, he posted a notice saying only signed complaints will be investigated. If we sign our names, we know the manager will retaliate. She has a history of firing people who protest her heavy-handed tactics, and her boss wholeheartedly supports her. If human resources won’t consider our complaint, what can we do?” — No Way Out
The EEOC has issued proposed regulations for enforcing the ADA Amendments Act of 2008 (ADAA), a sweeping law that took effect earlier this year. Among the changes: a new definition of what constitutes an ADA disability. With the EEOC in charge of suing to force compliance, you need to know the answers to these 10 questions.
There’s one silver lining to the rapid growth of employment lawsuits: Courts are losing patience with the rising number of applicants, employees and former employees who file suits that have no basis in reality. Increasingly, courts are approving sanctions against such employees and their attorneys.
Congress is considering emergency legislation that would guarantee five paid sick days for workers directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. Although passage is far from certain, the Emergency Influenza Containment Act is a bill worth monitoring.
This summer, 38% of terminated employees bought into their former organization’s COBRA health insurance coverage plan. That’s double the 19% enrollment rate recorded during the end of 2008, according to a new Hewitt Associates report.
It happens to every manager: You sit down to prepare a staff member's review and realize you can remember only what the person has done the past few weeks. Supervisors should never rely solely on memory to evaluate employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Here's how.
A key part of the ADA is the so-called “regarded as” rule. Essentially, it says that if your organization treats an employee as if he or she is disabled, then the employee earns the job protections provided under the ADA—even if he or she isn’t truly disabled. What does it take to “regard” someone as disabled? It can be as simple as jotting “disabled” on an application or employee paperwork.
A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline: