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Employment Law

Beware RIFing worker who’s out on FMLA leave

11/09/2009

Employees returning from FMLA leave are entitled to reinstatement to their former jobs or equivalent positions. However, an employer can terminate an employee while she’s out on FMLA leave if it can show it would have done so anyway even if the employee hadn’t taken FMLA leave. But be careful …

Monitor boss for retaliation after complaint

11/09/2009

Supervisors sometimes get angry when employees accuse them of some form of discrimination. But if that anger spills over into increased scrutiny, more job tasks and other unpleasant conditions for the employees who complained, count on even more legal trouble. That’s why HR must do more than simply warn supervisors against retaliation.

Okeechobee employee’s button could spur religious bias suit

11/09/2009

A former cashier for a Home Depot store in Okeechobee claims the retailer fired him because he refused to remove a button on his orange apron that said “One nation under God, indivisible.” Now Trevor Keezor has threatened to sue for religious discrimination.

Make sure your policy is understood before rejecting applicants because of bankruptcy

11/09/2009

As the effects of the recession linger on, personal bankruptcy filings are still climbing. If you’re a private employer that doesn’t want to hire managers who can’t handle their financial affairs, be careful before rejecting someone because he’s filed for bankruptcy.

When deciding reasonable accommodations, assess disability on individual basis

11/09/2009

Employees who become partially disabled sometimes ask for accommodations that may go beyond what they truly need or beyond what their employer believes the law requires. Then, when the employer turns down the request, they sue, alleging failure to accommodate. To counter such claims, keep good record …

Ratting out co-worker is whistle-blowing

11/09/2009

Employees who report wrongdoing by other employees are protected from retaliation by the Florida Whistleblower Act. The law covers objecting to or refusing to participate in an employer’s illegal activity, policy or practice, or an illegal activity of anyone acting within the legitimate scope of employment for the employer.

Review postings to be sure they’re up-to-date

11/09/2009

Now is a good time to make sure you have properly posted all required workplace notices where employees can see them. Take inventory and update any posters that have changed as a result of new laws and regulations.

Check your OSHA records!

11/09/2009

OSHA is conducting a “National Emphasis Program” targeting employer record-keeping of workplace accidents and injuries. As part of the program, OSHA inspectors will be checking employer records and taking enforcement action “when employers are found to be under-recording injuries and illnesses.” Advice: Firm up workplace illness- and injury-reporting practices before federal inspectors drop in for a visit.

Hilton Grand Vacations hit with pregnancy bias charge

11/09/2009

The EEOC has filed pregnancy discrimination charges against Orlando-based Hilton Grand Vacations after the company failed to rehire a worker who resigned to deal with pregnancy-related health problems.

Hillsborough County settles harassment case against politico

11/09/2009

In a conclusion to a lurid case that has made headlines for more than two years, former Hillsborough County legislative assistant Alyssa Ogden has been awarded $75,000 for enduring constant sexual propositions from County Commissioner Kevin White.