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Employment Law

What constitutes a hostile environment?

10/22/2008

Q. What factors determine whether a work environment is hostile? …

Can an injured worker double dip?

10/22/2008

Q. Can an injured worker obtain both workers’ compensation benefits and Social Security disability benefits at the same time? …

How can I ensure a safe work environment?

10/22/2008

Q. What are some proactive strategies employers can implement to promote a safe workplace? …

Act fast and fairly to investigate when employee complains of hostile work environment

10/21/2008

No matter how hard you work to make sure your workplace is a model of fairness and civility, you can’t rule out the possibility that an employee will come to HR with a claim that she’s being forced to work in a racially or sexually hostile environment. How you handle that complaint may make the difference between nipping an ugly problem in the bud and paying a huge jury award.

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

Video surveillance: If you can’t do it right, don’t do it

10/21/2008

Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while on FMLA leave may show he’s not sick. But before you conduct your own surveillance or hire someone to do so, here’s a simple tip …

Don’t fear investigation will mean defamation lawsuit

10/21/2008

When you conduct an internal investigation, other employees involved in the investigation are going to figure out what the allegations are. But you don’t have to worry about a defamation lawsuit following the investigation if you strive to keep the matter confidential …

Employees dodge bullet, foil retail robbery

10/21/2008

When a masked man pulled a gun on employees as they opened an Aaron Rents store in Atlanta and demanded cash, the workers complied, handing over roughly $5,000. But when the robber, Shawn Henderson, asked for more, the employees decided to fight back …

The new ADA Amendments Act: What every employer should know

10/21/2008

The ADA Amendments Act of 2008 will become effective on Jan. 1, 2009. Now is the time to prepare for the impact. The new law effectively broadens the scope of protection offered by the ADA, which Congress found to have been narrowed in recent years by various U.S. Supreme Court decisions and EEOC regulations.

Can I punish employees who miss work because they are witnesses in a trial?

10/21/2008

Q. Several employees have requested leave to be witnesses in an upcoming criminal trial. This is the busiest time of year for me. Can I discipline these employees in accordance with my absentee policy for missing work to attend this trial? If they know that’s what I plan to do, maybe they can avoid being witnesses.