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Employment Law

Document warnings to chronically late worker

04/14/2009

Your documentation of an employee’s chronic tardiness will prove its value if you fire the employee and she sues for some kind of discrimination. If you can show you let the employee know about your concerns and the consequences, rest assured she would have a hard time winning her case.

Boss triggers lawsuits? Review all decisions

04/14/2009

If you have a manager or supervisor whose decisions have caused lawsuits that you have lost, be on your toes the next time that manager has to make an employment decision. Make absolutely sure that you can pin the decision on some objective reason.

When making exempt/nonexempt call, actual duties trump résumé or job description

04/14/2009

Don’t rely on old job descriptions or résumés to prove you have properly classified an employee as exempt from overtime. Instead, make sure employees’ job descriptions actually reflect the day-to-day work they’re performing. Little else counts.

When religion causes a problem—or three—show why accommodating is a hardship

04/14/2009

Sometimes, employees claim protection from religious discrimination based on very unconventional beliefs. No matter how unusual, employers must reasonably accommodate those beliefs unless doing so causes an undue hardship. Employers should be prepared to show why it would be a hardship before terminating the employee.

Discovered performance problems while worker was on FMLA leave? You can fire him

04/14/2009

What if you discover during an employee’s FMLA leave that the employee wasn’t as stellar as you always believed? What if you couldn’t have known that until you hired a temporary replacement. Must you bring the employee back? No, according to a recent 7th Circuit Court of Appeals decision.

Craft broad settlement language to thwart 2nd lawsuit

04/14/2009

Employers that decide to settle harassment and discrimination claims, take note. The broader the settlement agreement language, the less likely the employee will turn around and file a new lawsuit. Always have an attorney approve settlement terms to make sure they are as broad as possible.

Discrimination difference: Unfair not always illegal

04/14/2009

We’d all like to think we run a fair workplace. But people are imperfect, and supervisors sometimes aren’t fair. It’s only when that unfairness harms members of a protected class that the practice is illegal.

United Airlines to pay $850,000 settlement for disability bias

04/14/2009

Chicago-based United Airlines agreed to settle a disability discrimination suit stemming from practices at San Francisco International Airport. The case involved a United policy restricting overtime for workers who had been placed in light-duty assignments.

Solid salary plan beats equal pay lawsuits

04/14/2009

If you haven’t looked carefully at how you determine compensation, here is another reason to do so soon. Employers that can show a court they set salaries based on logical, fair and unbiased factors are likely to win Equal Pay Act lawsuits. That’s because the EPA outlaws sex discrimination in pay, but allows employers to use factors other than sex to set pay rates.

Consent doesn’t mean it wasn’t harassment

04/14/2009

Employers sometimes mistakenly believe that consensual sexual activity between a subordinate and a supervisor isn’t sexual harassment. That’s simply not the case. As long as the activity was unwelcome, it doesn’t matter if the employee being targeted agreed to the supervisor’s demands. Fear or threats of losing one’s job can be enough to force an employee to “consent.”