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Employee Relations

What you need to know about Florida’s new Guns at Work Law

07/14/2008
Last April, the Florida Legislature passed the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008. Many call it by a much less official name: the Guns at Work Law. The law expands employees’ rights to transport lawfully registered firearms in their vehicles even if they are traveling to work …

Understand the ADA basics: Diagnosis not always equal to disability

07/14/2008
We hear and read that Americans are developing diabetes, heart disease, obesity, high blood pressure and other health problems at an alarming rate. But it doesn’t follow that large segments of the workforce are disabled and entitled to ADA accommodations for their ills.

Good news for less-Than-Perfect workplaces: No need to sweat the small stuff

07/11/2008
Employees sometimes unreasonably expect they will happily toil forever in a perfect workplace, full of harmony. But that simply isn’t going to happen. As long as squabbles and personality conflicts don’t turn into discrimination based on age, race, religion or another protected category, they simply don’t matter …

Investigate harassment even if employee complains belatedly

07/11/2008
What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? …

Palace employee allegedly makes off with king’s ransom

07/11/2008
Palace Sports & Entertainment is suing a former employee, claiming she used a company credit card to make $1.8 million in unauthorized personal charges. Amy McDonald, a former accounting manager, was authorized to use the card for business purposes …

Gaming board compliance wars lead to suspension, lawsuit

07/11/2008
Patrick Devlin, a compliance officer for the Michigan Gaming Control Board and a former assistant attorney general, has a history of what the board has delicately termed “noncompliance.” Since 2003, Devlin has filed at least 19 grievance appeals with the Civil Service Commission …

How far can MDCR investigation go?

07/11/2008
Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? …

Discrimination-Free environment required, perfection a bonus

07/09/2008
The workplace has never been nor will it ever be utopia. Managers and supervisors won’t always see eye to eye with employees. Conflict is almost inevitable. Thus, courts don’t expect employers to provide perfect workplaces free of all strife. Judges expect employers to obey discrimination laws, but they also realize that not every slight or inconvenience is evidence of discrimination …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

Is there a Minnesota equivalent of the federal WARN Act?

07/08/2008
Q. We are closing one of our offices in Minnesota. The number of employees affected is not sufficient to trigger any notice obligations under the federal WARN Act. Does Minnesota have a state statute that would require us to give the employees advance notice of the restructuring? …