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Employment Law

Is there any way to keep staff from speaking with former employee’s attorney?

01/11/2010

Q. A former employee recently sued my business for discrimination. A few current employees have told me that her lawyer has contacted them seeking information. Is there anything I can do to stop this?

Can I get online answers to pay questions?

01/11/2010

Q. Can you steer me toward any online information about how to correctly pay employees’ wages?

What can we do? Employee may have been faking need for FMLA leave

01/11/2010

Q. An employee went out of FMLA leave three weeks ago to undergo and recover from knee surgery. Last night, a reliable and trusted employee spotted him at the local YMCA playing a game of pick-up basketball. We now have serious doubts about the validity of his FMLA leave. Is there anything we can do?

OK to redistribute work as FMLA leave nears

01/11/2010

When an employee plans on taking FMLA leave, employers have to plan for the impending absence. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities. Don’t worry that doing so will trigger a successful FMLA lawsuit.

Not all harassers need immediate firing

01/11/2010

If you have a robust anti-harassment policy and act fast to stop co-worker sexual harassment, you usually won’t be liable for that harassment. But that doesn’t mean you must automatically fire everyone who harasses a co-worker. You can use a more measured approach, including warnings and counseling. If that doesn’t work, then it may be time to terminate the perpetrator.

Impartiality assured: Panel limits judges’ Facebook friends

01/11/2010

We all know the law often plays catch-up with technology. Well, the Florida Judicial Ethics Advisory Committee is attempting to bring judges into the 21st century with the perfect combination of high tech and tight restrictions. The committee has advised judges who use the Facebook social networking web site not to “friend” lawyers who might appear before them.

Suspect doc is a ‘certification specialist’? Ask for second and even third opinions

01/11/2010

It happens more often than you might think. An HR office begins receiving an unusual number of FMLA certifications from the same doctor. The sudden deluge happens during peak production times when employees are required to work mandatory overtime. It all points to what amounts to a scam:

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.

Independent judgment often key to exempt status

01/11/2010

Smart employers make sure that employees classified under the administrative exemption have the authority to make independent decisions.

Cut liability by acting fast following employee complaint

01/11/2010

Under Florida law, employees whose supervisors treat them so outrageously that they suffer emotional damage may have a claim for intentional infliction of emotional distress. But the conduct has to rise to a level that is truly outrageous. That’s why taking quick action after the employee first complains can help prevent a minor workplace problem from becoming a legal catastrophe.