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Employment Law

What a catch! An ER doc and a software engineer!

06/17/2008
Eric Perteet, of Conyers, was living a lie, and now he’s been arrested on charges of  fraud, after allegedly pretending to be an emergency room doctor at Piedmont Hospital for two months …

Negligent hiring: Take proper steps to avoid the costly pitfall

06/17/2008
In recent years, the Georgia courts have significantly expanded employers’ obligations—and therefore potential liability—in the area of negligent hiring and supervision. At the same time, employees and applicants now enjoy significantly expanded privacy rights. So it’s more important than ever for employers to pay close attention to their application, hiring and background-check policies and practices …

Can we search an employee’s car if we think she’s using drugs at work?

06/17/2008
Q. We suspect an employee has been getting high at work. Over the past two weeks, co-workers have reported that the employee’s pupils were dilated and her speech was slurred. She stares out the window for extended periods of time, she fell while walking down the hall, her appearance is disheveled, and she takes multiple “rest breaks” to go to her car throughout the day. We want to search the employee’s car, but she refuses to let us. Can we search her car anyway? …

The ins and outs of employing minors

06/17/2008
Q. Now that summer is here, we have received applications from students under the age of 18 seeking seasonal employment with our company. Are there any requirements or restrictions that we need to be aware of before we hire a minor? …

Updating job descriptions

06/17/2008
Q. Several of our job descriptions have not been revised in decades. What type of information should we include in the updated descriptions? …

Employee filed for workers’ comp? Careful with layoff

06/12/2008
If your organization plans to lay off employees, make sure you don’t target anyone for a furlough because of a workers’ comp claim or prior injury. That’s why it’s a good idea for someone in HR to audit the layoff list for any apparent retaliation …

You don’t have to ask for FMLA certification for every absence

06/12/2008
Balancing business needs against employees’ legitimate FMLA rights is one of the hardest parts of managing absenteeism. Now there’s one less thing to worry about. A new case makes it clear that you don’t have to request an FMLA certification every time an employee calls in sick …

Insist all harassment allegations go to HR for review

06/12/2008
Nothing will cause trouble faster than a manager or supervisor who doesn’t report a subordinate’s alleged harassment. If no one reports the problem, it may resurface later—for example, after the employee has been discharged for valid reasons …

Michigan religious employers have ‘Ministerial exception’

06/12/2008
A Michigan appeals court has ruled that religious employers have the right to make some employment decisions based on a constitutional “ministerial exception.” Essentially, employees hired to carry out an institution’s religious mission can’t sue under civil discrimination laws …

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …