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Termination—Feature Articles—Federal

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Terminations: How to Avoid Lawsuits 
Employers can minimize the risks of lawsuits when terminating employees, but it requires preparation that should begin before the employee walks in the door, according to two attorneys who recently led a BLR audio conference.



Avoid the Retaliation Trap 
Retaliation claims are the fastest-growing type of charge handled by the U.S. Equal Employment Opportunity Commission, accounting for almost 30 percent of all complaints. Here we examine how an employee can lose a discrimination charge yet prevail on a retaliation charge—and we’ll give tips on how to avoid such situations.



Workplace Stress—What Are the Costs? 
Although they do not account for a large percentage of workplace claims, workplace stress claims are the fastest growing type of workers' compensation claim today. And emotional stress may be among employers’ largest hidden costs.



Coercion, Surveillance, and Unjust Firings: Bad for Business  
A retailer claimed that it reduced its workforce purely for economic factors. But neither the NLRB nor the U.S. 7th Circuit Court of Appeals were buying. Both noted that the move came less than a week after union organizing surfaced.



Ask the FMLA Doctor: No End to the Questions 
One thing we can count on about FMLA, just when you think you’ve uncovered the last tricky little aspect to the regulation, up pop four or five more....



FMLA: Beware of Hasty Terminations 
If you have any questions about a 'serious health condition,' it’s risky not to use the built-in mechanisms readily available under FMLA.



Workers Can’t Plead the Fifth in Workplace 
Employers can fire an employee for failing to cooperate with a federal investigation, even if the worker has not violated the law, according to the Houston Chronicle.



Swift Terminations Seen as Aid to Productivity 
The unexpected surge in productivity may have its roots in a corporate strategy of targeting and eliminating under-performing employees with unprecedented swiftness, according to the outplacement firm Challenger, Gray & Christmas Inc.



Bear No Grudges: Avoid Any Hint of Retaliation 
Too often, employee plaintiffs have weak claims of discrimination but strong claims of retaliation. Speaking recently at a conference in Washington, D.C., lawyer Intra Germanis acquainted her audience with current trends in retaliation lawsuits.



Terminations: Just the Facts, Ma'am... and Other Tips 
The key to any discipline and termination action is to appear to be a fair employer. Here are some tips...




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