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Termination

Can You Hear Me Now? Unilateral Deafness Is Not an ADA Disability

April 3, 2013
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This case is significant because it proves the exception—that a subset of diagnosed medical conditions exists that does not qualify as an ADA-protected disability.
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More on Retaliation for Firing After Complaints of Third-Party Discrimination

March 27, 2013
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Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints.
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Paying Employees for Accrued Vacation Upon Termination—Yay or Nay?

March 18, 2013
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According to the court, the employee handbook clearly stated that accrued vacation is forfeited to an employee upon termination. To me, however, such as policy is draconian and overbearing. Instead, consider limiting vacation and other paid time off forfeitures to “for cause” terminations.
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Who's the 'Knucklehead'? Employee Loses Retaliation Claim After Slurring Co-Worker

March 6, 2013
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Exercising control to dole out legitimate discipline is not retaliation or discrimination. It's sound management of your people. Provided the punishment fits the crime, and provided the punishment is consistent with your past practices, you can discipline without fear of retribution.
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The Importance of Getting Your Story Straight

December 19, 2012
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It is vitally important that companies have all their ducks in a row before terminating an employee. Conduct a full investigation before pulling the termination trigger. Have a bona fide reason and stick to it.
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Arbitrator Reinstates Chrysler Workers Fired for Drinking During Breaks

December 10, 2012
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The workers were fired in September 2010 after a Fox network station in Detroit filmed them during breaks drinking alcohol and smoking in a nearby parking lot over several days.
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Employer Not Obligated to Rehire Poor-Performing Worker Under USERRA: Court

December 5, 2012
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An employer is not obligated to rehire a returning veteran with a poor work performance who was terminated as part of a reduction in force, under the Uniformed Services Employment and Reemployment Rights Act.
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Do You Have a Workplace Policy Banning the Electronic Recording of Conversations?

December 3, 2012
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If you do not have a policy against employees recording conversations in the workplace, you might want to consider drafting one. You never know when an employee is going to try to smuggle a recording device into a termination or other meeting.
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Facebook Foible Foils FMLA Fight

November 15, 2012
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Even though people like to treat social media as the new kid on the block, it is really nothing more than a communication tool, to which all of the old rules of the workplace apply.
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