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Employment Law

After FMLA leave, don’t presume future needs

12/09/2009

Here’s a problem to warn supervisors and managers about: When an employee with a disability returns from FMLA leave, don’t assume she can’t do her job or will need more time off. If or when the time comes, then you can decide how to handle time off. Until then, assume all is well.

Take sexual harassment complaints seriously—even if they involve past lovers

12/09/2009

Some employers wrongly believe that when co-workers end what was a consensual sexual relationship, one employee can’t later claim sexual harassment for post-breakup conduct. The dubious assumption: Any subsequent unpleasant contact between the employees was probably based on jealousy or anger over the broken relationship rather than “on account of sex.” That’s not always true.

Review anti-discrimination practices to make sure they cover contract employees, too

12/09/2009

Employers sometimes erroneously assume that employees working under a set-term employment contract don’t have any rights once the contract expires. That’s simply not true. In fact, refusing to entertain a contract renewal for a discriminatory reason can be the basis for an employee’s lawsuit.

New employee not working out? Have hiring manager handle the firing

12/09/2009

Sometimes, you have to take a chance on a job applicant because the candidate pool isn’t filled with as much talent as you would like. Everyone knows picking a marginal candidate can turn out to be a mistake. If you find you have to terminate such an employee, have the same person who made the hiring decision also make the termination decision. That reduces the chance of a costly discrimination lawsuit …

Beware professional exemption if college degree isn’t required

12/09/2009

Before concluding that a white-collar and seemingly professional skilled and scientific job is exempt from overtime, get expert advice. Blindly deciding that the job is exempt may mean trouble down the line.

Eaton Neck Fire Department settles age discrimination suit

12/09/2009

The Eaton Neck Fire Department agreed to settle an EEOC age discrimination suit that challenged the department’s practice of not allowing the time firefighters serve after their 65th birthdays to count toward length-of-service awards. And those awards are critical to firefighters because they’re used to calculate pension benefits.

Thomas Subaru settles hostile environment claim

12/09/2009

Long Island car dealership Thomas Subaru settled with the EEOC after three women complained about a pervasive hostile work environment. All three had been terminated after complaining of unwanted touching, sexually explicit and degrading comments and pornography in the workplace.

Do you need a ‘no forwarding’ e-mail policy?

12/09/2009

Here’s a potential electronic communications problem you may not have considered. An employee who forwards e-mail from a company computer and e-mail account to his personal address may end up using those e-mails later in litigation against the company. That’s one reason it makes sense to prohibit employees from forwarding e-mails to their personal e-mail accounts.

Downsizing? Transfers cut unemployment claims

12/09/2009

These are tough economic times and lots of employers find themselves having to make difficult financial decisions. When those decisions include shutting down a store or branch location, employees who lose their jobs may be eligible for unemployment. But when former employees collect unemployment, unemployment insurance costs go up for employers. One way to cut your potential unemployment comp liability is to offer the employees a transfer to another location.

Misconceptions about disabled employee’s medical condition can spell ADA trouble

12/09/2009

Many medical conditions aren’t disabling, so they don’t qualify for protection under the ADA. That’s because they don’t actually impair a major life activity like walking, breathing, taking care of oneself or working. But sometimes employers mistakenly believe that a medical condition is disabling when it’s not. If they express those beliefs, they may make themselves vulnerable to a “regarded as disabled” lawsuit.