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Employment Law

To pay or not to pay for snow days

02/01/2008

Q. Am I required to pay my employees when they miss work due to inclement weather? …

Can we withdraw a job offer if candidate wants to negotiate?

02/01/2008

Q. We recently extended an offer of employment. However, after accepting the position, the candidate tried to renegotiate his salary and vacation benefits. Can we withdraw our offer of employment? …

HR pros: Do you know what your supervisors are saying?

02/01/2008

It’s easy to become isolated in the HR office, especially if you are physically separated from the shop floor or other work locations. So it should come as no surprise that some things that go on outside your limited view may mean trouble. That’s why you need to keep open lines of communication between HR and the field. Make sure all employees know how and where to report sexually or racially hostile language or actions …

Maintain HR oversight on all termination decisions

02/01/2008

The only thing between your organization and a discriminatory discharge verdict is the HR office. An impartial and cool-headed HR professional must oversee the process every time an employee is terminated. Keep careful track of exactly how the decision-making process moves forward in every case, and insist that HR have the final word on termination …

‘Ad hoc’ leave benefits are a discrimination trap

02/01/2008

Sometimes, employers may want to maintain some flexibility to handle unique leave situations. For example, what would your organization do if a valued, loyal and long-term employee developed a terminal disease? Would you allow him a “leave of absence” with continued insurance coverage until his death to save his family from financial ruin? You can, if you are careful about exactly how you go about it …

Even small changes in job status can be retaliation

02/01/2008

Employers that give in to the temptation to punish a troublemaker for complaining about alleged discrimination set themselves up for a retaliation lawsuit. The irony, of course, is that often the underlying discrimination complaint will amount to nothing, while the retaliation case snowballs out of control. Even minor changes to an employee’s work schedule, routine or tasks may mean a large retaliation jury verdict …

Maintain computer time records to prove overtime hours

02/01/2008

When it comes to the Fair Labor Standards Act (FLSA), unpaid overtime claims are perhaps the most feared charges. It’s important to have solid records showing the hours worked, even for exempt employees. If it turns out the employee should have been classified as nonexempt, you’ll have to provide compelling evidence of the hours the employee actually worked …

Focus on safety–Not reducing claims–When discussing workers’ comp

02/01/2008

Employers naturally want to reduce their workers’ compensation claims—it means lower insurance costs, less lost time and higher productivity. But be careful how you frame the issue. Don’t discourage legitimate claims or retaliate against those who file claims …

Clean up workplace, or risk class-Action suit

02/01/2008

When a group of women all experience the same sort of harassment, it takes just one to find an attorney. She will then try to persuade the others to join in, making for a much more compelling story in court. The best approach is to take every complaint seriously …

Pregnancy suit seeks $5 million for former Chicago teacher

02/01/2008

Kathleen Williams, a former teacher at Sauganash Elementary School in Chicago, is suing the city school district and the Chicago Board of Education for $5 million, claiming she was fired for being pregnant …