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Employment Law

Think worker can’t take FMLA? Run the numbers

01/11/2010

Before you decide to fire a troublesome employee for missing work because the absences aren’t covered by the FMLA, double-check your math. In one recent case, the employer fired a “poor-performing” employee but cited a dubious reason: She was frequently absent to care for her father and wasn’t yet eligible for FMLA leave. In fact, it turned out she was eligible and the court wouldn’t buy any of the other discharge reasons.

When hiring, don’t overvalue interview skills

01/11/2010

Does your organization’s hiring process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. If an applicant who belongs to a protected class can demonstrate qualifications that were at least as good or better than those of the chosen candidate from a different class, a court may conclude that interview performance was a smokescreen for discrimination.

Under new FMLA rules, think twice before automatically firing workers who don’t call in

01/11/2010

The new FMLA regulations say employers can enforce their usual call-in rules, such as requiring employees to call in before missing a shift. That rule change made employers rejoice, assuming they could safely discharge employees who didn’t show up and didn’t call in. But a new case calls that assumption into question.

No matter how implausible, you must investigate every sexual harassment complaint

01/11/2010

Here’s some solid advice you should heed: Don’t ignore any employee’s sexual harassment claim—even if it seems unbelievable or too incredible to be true. Instead, process the complaint as you would any other, investigate and then try to resolve the matter.

Provide security around workplace to prevent assaults—and crippling lawsuits

01/11/2010

Ohio’s workers’ compensation laws are complex, and employers that want to fight a claim may find themselves in court for years. That costs money. That’s why smart employers look for ways to prevent claims. One of those preventive methods involves the area sometimes referred to as the “zone of employment.”

Pre-existing condition doesn’t always mean no workers’ comp

01/11/2010

Employees with pre-existing conditions that significantly contribute to a workplace injury aren’t eligible for workers’ compensation. That’s presumably because their work activities had nothing to do with the fact that the employee was hurt. On the other hand, if something related to the job contributed to the injury, the employee is eligible for benefits.

One benefit of union contract: Lawsuits must be filed fast

01/11/2010

Here’s an upside to having a comprehensive collective-bargaining agreement: Employees who claim they were denied benefits they had been promised can’t sue under Ohio state contract law if the subject of the lawsuit is covered by the union contract.

OSHA cites grain processing plant

01/11/2010

OSHA has cited Minnesota-based Endres Processing LLC and its subsidiary Endres Processing Ohio for numerous hazards at the companies’ Upper Sandusky plant. Endres manufactures animal feed from unused dairy products. OSHA cited large amounts of dust in the plant as both a fire and breathing hazard.

Can I legally refuse to hire job candidates who don’t share my political beliefs?

01/11/2010

Q. I run a small business and only want to employ people who are like-minded and share my core political values. Is it legal to refuse to hire a job candidate because of his or her political beliefs?

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?