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Employment Law

USERRA protects those who left military years ago, too

04/20/2009

Employers that use an employee’s long-ago military service against him may be liable under the Uniformed Services Employment and Reemployment Rights Act. USERRA isn’t just for those who served in Iraq and Afghanistan.

Mich. employees have 3 years to sue for bias under state law

04/20/2009

If you haven’t heard anything lately from a former employee who griped about discrimination, don’t breathe easy yet. Michigan employees have up to three years to bring claims under Michigan’s Elliott-Larsen Civil Rights Act and Michigan’s Persons with Disabilities Civil Rights Act.

Judicial oracle OKs Delphi’s cuts

04/20/2009

Back in days of yore when Delphi was set free from General Motors, it kept a promise GM had made to salaried white-collar workers: They would have free life and health insurance for the rest of their days. Then the now-bankrupt Delphi moved to discontinue the promised benefits …

Returning soldier wins $118,000 in USERRA case

04/20/2009

When Stephen Alasin returned from duty in Iraq, he expected to go back to his former job at Ecolab. When the company failed to rehire him, he filed a complaint … Ecolab agreed to enter into a settlement agreement that will pay Alasin $88,000 in back pay and $30,000 in damages.

Workers’ comp denials lead to RICO case

04/20/2009

The 6th Circuit Court of Appeals has given the go-ahead to a RICO lawsuit brought by six truckers against their employer. Traditionally, prosecutors use RICO to combat organized crime. But the truckers allege their employer, Cassens Transport Co., conspired with its claims adjuster and doctors to illegally deny them workers’ compensation benefits.

College violated law when it withdrew health care option

04/20/2009

The Michigan Court of Appeals has decided Wayne County Community College violated state law when it eliminated the traditional Blue Cross/Blue Shield plan from the list of plans available to college employees.

How much FMLA leave for unwed parents?

04/20/2009

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Preparing for possible litigation

04/20/2009

Q. We recently had to discharge an employee for poor work performance. We are a relatively small company (70 employees) and don’t often fire people. Because of special circumstances that forced us to terminate the employee rather than try corrective action, we think it is very possible there will be some kind of litigation. Do you have any recommendations for what we should do or think about now, even before any lawsuit has been filed?

How does a layoff affect seniority for someone receiving workers’ comp benefits?

04/20/2009

Q. We have an employee who had been performing light-duty work for more than six months. We laid him off based on his seniority. Now he is receiving workers’ compensation benefits again. Our collective-bargaining agreement provides that an employee will lose seniority after being laid off for a year. Does the fact that our employee is receiving workers’ comp benefits have any effect on his seniority rights?

Remind bosses: No comments on EEOC complaint

04/17/2009

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.