Suspension

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    There is no federal law that obligates employers to adopt or follow any specific disciplinary process. In the vast majority of states, the default rule is that employment is at will, which means that the employer or the employee can terminate the employment relationship at any time and for any reason (or no reason) unless a law or agreement...

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    Q One of our managers made personal purchases on our company account. He keeps saying he will pay it back, but so far, he hasn't. We can't deduct the money from his pay because he won't agree to it. Can we suspend him without pay for a day to see if he pays us? A Yes. This question raises a number of issues. You're...
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    In the following case, the Sixth Circuit found that an employee wasn't permitted to recover benefits under his employer's disability benefits plan, affirming the trial court's interpretation of the relevant plan language. In a 2-1 decision, the court found that the employee, who had been suspended by the company, wasn't "actively...
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    Here are answers to some of your discipline-related questions. Please feel free to contact us at mpe@jordenusa.com or js@jordenusa.com if you have questions about these topics or other employment laws, policies, or practices. Q: Our company is changing a policy that previously said company drivers who have their license...
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    We've all dealt with employees who perform their jobs effectively but "just can't get along." A recent case from the trial court in Jackson illustrates what happened to one employee who couldn't properly interact with her coworkers. Let's take a look at how her employer handled the situation. Facts Belinda...
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    If you're like most people - and perhaps even most employers - you made a few New Year's resolutions at the beginning of 2007. Even though some people say that resolutions are made to be broken, some of those promises you made to yourself will go a long way toward helping you avoid legal liability for adverse employment decisions...
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    We're sure that our private-sector readers sometimes feel overwhelmed by the sheer volume of laws that govern their workplace. But it could be worse. Our public-sector readers not only have to worry about all the laws that apply in the private sector, but they also have to worry about state and federal constitutions. That creates a...
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    One man created a litany of problems for an apartment manager. While the court didn't think much of her sexual harassment claims, it allowed her to let a jury hear her claims of stalking, invasion of privacy, and civil assault. Read on for how the situation happened. Facts Marcia Stanley began working as the...
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    The U.S. District Court for the Eastern District of Kentucky, sitting in Lexington, recently granted summary judgment to American Standard, Inc. (Trane), dismissing a former employee's claims of race discrimination and wrongful discharge without a trial. The court determined the employee failed to show that a similarly situated,...
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    Beware of taking action against employees who assist their colleagues in pursuing discrimination claims. In this case, a police officer's support of a fellow officer's sexual harassment claim apparently spurred the department to take action against him. Officer lends hand In 1997, when police officer John...
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