Oracle Database Tips by Donald Burleson

FMLA Case

A wrongful termination case involving FMLA leave was decided in favor of the plaintiff against a Louisiana-based employer. The employee was out from work on leave for more than a month due to surgery on an ingrown toenail. This employee had a poor track record of work attendance in the past that may have adversely skewed the reaction of the employer to the leave. During the leave, the employee regularly contacted the employer to provide medical updates. Since the employee was not require to specifically state the term FMLA when requesting the leave and the toenail complications were considered a valid FMLA condition, the court ruled that the termination was unlawful.

Immigration Reform and Control Act of 1986 (IRCA)

The provisions of the IRCA apply to actions by employers regarding hiring, terminating, and recruiting or referring employees for a fee. Under IRCA, it is unlawful for employers of four or more employees to:

• Discriminate based on citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents who have processed through the legalization program, refugees, and those granted asylum.

• Discriminate based on national origin against U.S. citizens, U.S. nationals, and authorized aliens.

Employers must verify the identity and employment eligibility of hiring candidates, including potentially new IT employees, by completing the Employment Eligibility Verification Form (I-9). All I-9 forms must be kept on file by the employer for at least three years, or for one year after employment ends, whichever is longer.

The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm