A Colorado court ruled that an employer can still fire an employee for a positive marijuana drug test, even though state law permits the medical and recreational use of marijuana.
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Tags: employees, California, HR Allen Consulting Services, Employers, HR Informant, termination, Colorado, Inc., medical marijuana, medical marijuana use, Ross v. RagingWire
A Detroit nurse out on Family and Medical Leave Act (FMLA) leave for a back and leg injury was fired after Facebook posts showed her vacationing in Mexico. Her doctor certified the need for her leave due to substantial lifting and mobility restrictions. But several Facebook posts showed the nurse in Mexico riding in a boat; lying on a bed holding up two bottles of beer.
She also posted other details about her life that seemed inconsistent with her leave, including pictures of herself holding her grandchildren while standing (one in each arm), details about trips to Home Depot, “watching” the grandchildren and taking online classes.
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Tags: abusing FMLA leave, leave under FMLA, HR Allen Consulting Services, HR Informant, FMLA, termination, Family and Medical Leave Act
The federal Equal Employment Opportunity Commission (EEOC) released an online chart that allows you to view the number and types of workplace discrimination charges by state.
The EEOC’s previous database allowed viewing only of the nationwide totals. The new chart contains statewide figures for fiscal years 2009-2011.
California had 7,166 total charges in fiscal year 2011 which represents 7.2 percent of the nationwide total. Only Texas (10 percent) and Florida (8.1 percent) ranked higher in terms of percentage of nationwide claims. These figures are not surprising given the large populations of these states.
By an overwhelming majority, retaliation is the number one EEOC charge filed in California, constituting 44.6 percent of all EEOC charges filed in the state. Retaliation charges were followed by race (33.1 percent), disability (29.4 percent) and age (25 percent).
The state statistics mimic a nationwide trend. For two years in a row, retaliation has been the number one type of EEOC charge filed throughout the United States.
These types of claims should be of real concern for employers. Employees have the right to complain of unlawful discriminatory or harassing treatment in the workplace. Retaliation takes many forms and includes adverse employment actions, such as demotions or terminations, following complaints of unlawful conduct. Subtle forms of retaliation, such as ostracism, may not be unlawful but can create morale problems and decreased productivity.
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Tags: Retaliation, Disability, age, race, workplace discrimination, HR Allen Consulting Services, HR Informant, termination
Few small-business owners look forward to firing an employee, but a day will probably come when you need to do so. Job termination is a delicate situation and should be handled with dignity and respect, as well as knowledge of your legal responsibilities.
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Tags: firing, employees, HR Allen Consulting Services, HR Informant, employee, HR Allen, termination
Getting fired doesn’t always involve a dramatic showdown meeting with your boss who tells you to pack your things and get out. In an age where employers are paranoid about getting sued by fired employees, firing an employee is often more complicated, involving many subtle steps. As an employee, it’s up to you to spot these subtle signs before you run out of options. The more lead time you get, the sooner you can engineer a smooth transition into your next position. eWeek.com has an article called 10 Signs Your Company Wants You Gone. It’s worth the read, especially as the jobs market heads deeper into recession.
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Tags: fired, firing, terminated, termination
Do you have a personal account with Facebook, MySpace, Twitter or any of the other social media websites that have become so popular lately? Chances are you do. Or you will soon. The growth of social media sites has been nothing short of breathtaking. Here are a few statistics:
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Tags: myspace, employee termination, employer, termination, facebook, twitter