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

Mindy Chapman, Esq., Mindy Chapman & Associates

Can employees have fun while on FMLA leave?

01/06/2012
Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

The pregnant pause: How to respond to baby news

12/06/2011
“I’m pregnant!” … Two words that can make an employer cringe on the inside but smile on the outside. And even though the baby might not be kicking yet, you can be assured that pregnancy anti-discrimination laws have kicked in …

Lawsuit insurance: Does your policy cover EEOC claims?

11/02/2011
If your organization carries employment practices liability insurance (EPLI), make sure your coverage includes claims made by the EEOC and all other such federal, state and local agencies. As Cracker Barrel learned, an EPLI umbrella policy may actually let in some rain … $2.7 million worth.

Blind sided by an employee’s inglorious Internet activity

10/05/2011
Wonder what employees are really doing on those computers all day? A new court ruling shows that if they’re engaging in illegal cyber activities, you can show them the door. Just make sure you’ve shown them your cyber rulebook first …

Does long-distance ‘phone care’ qualify for FMLA leave?

09/09/2011
When you grant an employee FMLA leave to care for a sick relative, do you wonder what type of “care” they must really be giving to qualify for time off under the FMLA? A new court ruling defines care as being in physical proximity to the relative. Cutting a lawn in a different time zone doesn’t cut it …

3 million reasons not to ‘get revenge’ on complaining worker

08/04/2011

Do your supervisors know it’s illegal to lash out at or get revenge on em­­ployees who voice legal complaints? While race discrimination has historically been the most popular employee discrimination claim with the EEOC, retaliation took over the top spot last year. A recent $3 million jury verdict shows how America is becoming Retaliation Nation.

The cure for FMLA pains … a Cancun vacation?

07/08/2011
Ever wonder if your employees out on FMLA leave are really sitting on a beach sipping a drink with a little umbrella in it? If you think employees are violating your policies, what can you do? One court ruled last month that you can fire such an employee … but first make sure you have the right policies in place.

Bipolar worker making threats: Accommodate or terminate?

06/07/2011

In the past few months, several Holly­wood celebrities—including Cath­erine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bipolar disorder, a mental illness defined by high and low mood swings. But what if a bipolar employee ex­­hibits threatening behavior—can you discipline her, or must you accommodate the disability?

When is sending 64 ‘sexts’ in one day NOT harassment?

05/11/2011
Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give their employer the opportunity to try to right the wrong …

It’s a man’s world? Be ready to ‘man up’ in court

04/11/2011
Reductions in force (RIFs) are fertile ground for employee lawsuits to sprout up. But as this ruling last month shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …