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Employment Law

Sales VP took sales overseas

10/10/2008

Three former employees of Metaldyne Corp. in Plymouth have pleaded guilty to plotting to steal trade secrets and sell them to industry competitor Chongqing Huafu Industry Co. of Chongqing, China …

Independent contractor tanks firm

10/10/2008

For five years, Eric McAlpine worked on an independent contractor basis as a bookkeeper for American Titleworks. During that period, he stole a staggering $800,000 in checks from real estate buyers and sellers and banks, plus almost $1.5 million from escrow accounts …

New law: Employers must review outside investigators’ work

10/10/2008

In May 2008, Michigan enacted the Professional Investigator Licensure Act. The act has a significant impact on how employers can conduct background checks and investigations. A violation of the act is a felony punishable by imprisonment for not more than four years or a fine of not more than $5,000, or both …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Are we allowed to do anything that limits political expression at work?

10/10/2008

Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? …

What happens when union and employer disagree over what the arbitrator meant?

10/10/2008

Q. Our company has a union, and we recently lost a case in arbitration. The company and the union disagree on what the arbitrator held, and what is required of the company because of the award. The union is threatening to file unfair labor practice charges if we don’t implement the award as they interpret it. What do we do now? …

Supreme Court to decide three employment law cases in ’08-’09 session

10/08/2008

The U.S. Supreme Court opens its 2008-2009 session with three employment law cases on its docket. Last session, the court expanded employees’ rights to claim retaliation under federal anti-discrimination law. This year, one Supreme Court case deals with retaliation, while two others address discrimination.

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …

Investigate, follow up on all harassment cases

10/08/2008

Employees who complain about sexual or other kinds of harassment shouldn’t be left to wonder whether their complaints are being investigated. Employers should apply sound investigation procedures and then follow up with the employee who came forward to let her know the result. That’s true even if the company isn’t going to take any action …

No kid gloves needed: Discipline OK after employee complains

10/08/2008

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn’t mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems …