• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

David B. Ritter

How should we react to an employee’s ‘kill the boss’ Facebook rant?

04/09/2010

Q. Our HR department got an anonymous call telling us that one of our employees posted comments on her Facebook page saying, “Some days I could kill my boss.” Can we demand that the employee let us see her page and fire her if she made a threat?

Can employee sue over alleged ‘promised’ pay?

04/06/2010
Q. We have an employee who insists that he was told when he was offered the job that he would earn at least as much as he earned in his last job. There is nothing in writing. Can he sue us?

Waiter serves suit implicating female boss; courts are digesting it

03/12/2010

In Turner v. The Saloon Ltd. the U.S. Court of Appeals for the 7th Circuit recently ruled that in a sexual harassment claim based on a hostile work environment, if at least one act of alleged harassment occurred within 180 days of an EEOC filing, courts can consider the entire time period of the hostile environment in determining an employer’s liability.

After military leave, does employee get across-the-board raise instituted while he was gone?

03/12/2010

Q. Last month we reinstated an employee who was on military leave for six months. It’s the same position, with the same pay he received before he went on military leave. Effective Jan. 1, 2010, all employees in his department received a 4% pay raise in recognition for their hard work in 2009. Does the law require us to pay him at this increased rate?

Under PTO policy, must we pay out unused leave upon employee’s termination?

03/12/2010

Q. We offer employees a set number of paid time off (PTO) days per year, which they may use for any reason, including vacation and sick days. Must we pay out all earned but unused PTO days upon termination?

Must employers use progressive discipline?

03/10/2010

Q. Under our progressive discipline policy, employees receive an oral warning, a written warning, suspension and finally termination. If an employee’s conduct is severe enough to warrant termination upon the first offense, can we fire the employee right away, or must we follow this progressive discipline policy?

What can we ask about how applicant would get to work?

03/10/2010

Q. In our experience, employees who take public transportation or rely on rides from others are more likely to be tardy to work than those who own their own vehicle. Therefore, before hiring an applicant for employment, we would like to make sure the applicant has a reliable method of transportation to work. Would it be appropriate to inquire, for example, whether the applicant owns a vehicle?

Burden now on employees to show age bias caused adverse action

02/16/2010

Good news for employers! The U.S. Supreme Court issued a landmark decision whose positive impact on employers is just being felt. The decision—Gross v. FBL Financial Services, Inc., (129 S. Ct. 2343, 2009)—involved an employee who alleged that his reassignment to a new position constituted a demotion that was improperly motivated by his age. That would have violated the ADEA.

How much should I worry about employees using social networking sites?

02/16/2010

Q. I heard that Facebook use is really picking up, but I don’t think most of our employees are that tech-savvy. Should I be concerned about my employees accessing social networking sites while at work?

Twist on bias headed for Supreme Court? Cat’s paw theory claws back

01/11/2010

After taking a back seat to other employment issues on the U.S. Supreme Court’s agenda, the “cat’s paw” theory of liability may well be coming back into the spotlight, and employers better be ready. Whether or not Staub v. Proctor Hospital reaches the Supreme Court, the case should be a wake-up call: Cat’s paw cases are out there and they can lead to protracted, costly litigation.