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Employee Relations

Age discrimination harder to prove following 7th Circuit ruling

09/14/2009

The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.

Don’t nickel and dime ADA accommodations: Everything can’t be essential to the job

09/14/2009

Employers sometimes think they can get around the ADA requirements by calling every task in a job description “essential.” They hope they’ll be able to exclude anyone who can’t do absolutely every aspect of the job. But that strategy can backfire badly because not every task is essential.

Beware discipline for FMLA-related tardiness

09/11/2009

It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

Chicago investment guru ‘stripped’ of $50 million

09/11/2009

The U.S. Department of Labor has obtained a $50 million judgment against Chicago investment advisor John Orecchio for using money from six union pensions for his own private business interests. According to the SEC, Orecchio used pension assets to pay for private jet travel, Super Bowl tickets, construction at his Michigan horse farm and renovations to a Detroit strip club he owns.

Tell it to HR: Your hair’s too big and I don’t like your aura

09/10/2009

You have to handle plenty of serious employee gripes about benefits and harassment. But as shown by a new CareerBuilder survey of 2,600 HR pros and hiring managers, you also have had to deal with some truly offbeat complaints. Some highlights:

Don’t let FMLA request stop legit discipline

09/10/2009

Employees sometimes think taking FMLA leave—or even just asking for the time off—protects them from being disciplined or discharged. Not so. Employers are free to discipline or discharge employees if they can show they would have taken the same action even if the employee never asked for or received FMLA leave.

What’s going on? How to conduct a workplace investigation

09/10/2009

Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

Punish those who use ethnic slurs—whether it’s intended to offend or not

09/08/2009

Some employees aren’t very sophisticated—so unsophisticated they may use terms they don’t fully realize are offensive to others. But ignorance is no excuse: You can and should punish employees who use language that stereotypes or demeans co-workers.

Get it in writing! You need consistent, persistent documentation

09/08/2009

If I had to boil employment law into one overarching maxim, it would be this: Be fair and document everything, in case someone thinks you’re not being fair. If you doubt the importance of thorough documentation, consider two recent cases decided by the 6th Circuit Court of Appeals.

Of good faith and gut instinct: Fire employee who falsely claims discrimination

09/08/2009

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.