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Employment Law

You can force civility, but not friendship

09/28/2009

Not everyone is going to get along with everyone else at work. The fact is that some employees may be more difficult to like than others. But as long as an employer makes sure its “difficult” employees are treated with civility, it doesn’t matter that co-workers ignore them or form their own little cliques.

N.C. discrimination complaint bars federal claim

09/28/2009

North Carolina state employees who take their discrimination complaints to the North Carolina Office of Administrative Hearings lose the right to litigate the same claims later in federal court under Title VII. They don’t get two bites at the apple.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

No raise = no review; a losing strategy

09/25/2009

“We’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.

Suspect FMLA mischief? Use certification rights before taking drastic action

09/25/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Instead, your first—and safest—option is to request a medical certification stating the employee has a serious health condition.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

Sedentary work restriction may be disability

09/23/2009

Employees who are unable to perform anything but sedentary work may be disabled under the ADA. That means employers may have to find ways to accommodate them, including finding open positions for them to fill elsewhere within the company.

Include past conduct in ‘for-cause’ clause

09/23/2009

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

Appeals court opens door on sexual orientation, although Title VII doesn’t cover it

09/23/2009

The 3rd Circuit Court of Appeals has issued an opinion that may result in many more sex discrimination lawsuits at work. The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.

Train supervisors to refer potential FMLA leave requests to HR

09/23/2009

Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.