Fast Workforce News

Terminations—Too Often the Documentation Contradicts Itself

A valid reason is advanced, but evidence contradicts

Yesterday's CED covered the situation when there's no documentation to back up a firing. Perhaps worse is the situation in which documentation does exist, but it contradicts the reason that has been advanced. Typical situations:

• Poor performance is alleged, but performance appraisals all say "Good." It doesn't matter that "good" is a low ranking in your company; juries will read "good" as "good."
• Poor performance is alleged, but the employee recently received "Sales Person of the Year."
• Poor performance is alleged, but the employee just got a raise and a bonus.

In these situations, outsiders will distrust your reason, and that leaves them no choice but to go with the employee's reason.

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More than one valid reason is advanced

The other scenario that commonly dooms defenses against termination lawsuits is when more than one reason is advanced for the action. For example:

• The manager testifies that poor performance was the reason for the termination, but the notice given to the employee mentions "budget cutbacks."
• The manager says that poor performance was the reason, but testimony at an earlier hearing says "downsizing."
• Formal documents all agree that the termination was for budgetary reasons, but there's an e-mail that says "get rid of that troublemaker who complained to EEOC."

Once again, your defense is doomed. Two different reasons add up to none.

Walmart Employee's Medical Marijuana Wrongful Discharge Suit Dismissed | Miller Canfield - JDSupra

On September 19, 2012, the U.S. Court of Appeals for the Sixth Circuit affirmed the Opinion and Order of the U.S. District Court dismissing a Walmart employee’s wrongful discharge suit filed pursuant to the Michigan Medical Marijuana Act (MMMA). The Court of Appeals agreed that while the MMMA was meant to provide some limited protection for medical marijuana users from state actions, primarily arrest and prosecution, the MMMA does not regulate private employers or employment decisions.

http://www.jdsupra.com/legalnews/walmart-employees-medical-marijuana-wro-75643/?utm_source=JFB&utm_medium=facebook&utm_campaign=businesslaw#

 

 

Illinois Bans Employers from Demanding Social Media Passwords from Employees and Job Applicants

As use of social media sites continues to rise, employer attempts to access social media content and passwords from current employees and applicants have come in for mounting criticism.  By appearing to threaten private communications, this employer practice has triggered a strong legislative reaction at the state and federal levels.    Read more at http://jacksonlewis.com/resources.php?NewsID=4173#