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Employment Law

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

You can require FMLA certification form directly from doctor

05/14/2008
Are you concerned about possible FMLA abuse? The law and FMLA regulations allow employers to insist on receiving FMLA certification forms directly from a health care provider’s office—and not by way of the employee. That way, there’s little chance the employee can alter what the doctor has certified …

Beware reverse sex discrimination when setting schedules and overtime policies

05/14/2008
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility …

If accommodation can’t enable essential functions, termination may be only option

05/14/2008
Being qualified for a job doesn’t mean the person can do it well. And the inability to really execute an essential job function can warrant dismissal, even if the employee claims a disability. Take, for example, a newly hired professor who turns out to have psychological problems that prevent her from teaching class …

Schaumburg woman indicted in alleged international corporate espionage scheme

05/14/2008
Hanjuan Jin, a former software engineer for a suburban Chicago telecommunications firm identified as “Company A” for security reasons, has been indicted on charges of stealing business trade secrets and attempting to take them to China …

Roskam seeks better tax credits as incentive to hire veterans

05/14/2008
U.S. Rep. Peter Roskam, who represents Illinois’ 6th Congressional District west of Chicago, is spearheading efforts to make it easier for employers to get tax credits for hiring veterans of the war in Iraq …

Handle disabled worker’s poor performance like any other

05/13/2008
Employees who have disabilities sometimes pose special challenges. Accommodating their work restrictions requires diligence and flexibility. That doesn’t mean, however, that you should ignore declining performance …

Warn managers: Personal problems aren’t ‘Distractions’

05/13/2008
Some lawsuits are based on just a few careless comments from a supervisor. That’s especially true in cases involving employees who take time off under the FMLA. Managers who refer to these problems as “distractions” and comment on their impact on the workplace are inviting employees to sue …

Petty slights and ostracism don’t add up to retaliation

05/13/2008
Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits …

Court clears up confusion over meal breaks

05/13/2008
Do you have to provide employees who work eight hours or more during a shift with an unpaid meal break away from all job responsibilities? Or can you continue to pay employees while they eat, expecting them to take calls or respond to work needs? …