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Employment Law

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …

How to navigate the intersection of the ADA and the FMLA

02/01/2008

When an employee needs time off due to a mental or physical impairment, he or she potentially could have rights under both the ADA and the FMLA. You must first determine whether one or both laws cover the employee. From there, you’ll know which rights the employee has. And any decision you make must take these rights into account … 

Is intermittent leave allowed to help parent move?

02/01/2008

Q. An employee takes intermittent leave to care for his parent. Do situations like helping his mother move to a new location qualify as FMLA leave? — B.D., Nevada …

Do we have to pay for ‘Promised’ hours?

02/01/2008

Q. We have a part-time, hourly employee who usually works three days per week for 12 hours. If we don’t have enough work to fill the time, can we send her home without paying her for the unworked hours that week? — J.T., South Carolina …

Verifying FMLA leave for chronic conditions

02/01/2008

Q. An employee has a chronic condition that’s been medically certified. What information can we request to verify that his absences relate to his medical condition? — D.J., Florida …

When English-Speaking staff resent Spanish chatter

02/01/2008

Q. We have a collegial atmosphere in our small factory. But several of our production line workers who don’t speak Spanish are complaining that bilingual employees chat among themselves in Spanish, leaving the others out of the loop. Everyone speaks English when talking about work, so it’s not a safety issue. Still, the non-Spanish speakers resent the Spanish chatter and wonder if they’re being talked about. What can we do? — L.C, Illinois …

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Sticker shock: Fee awards can dwarf money damages

02/01/2008

Here’s a powerful reminder to managers and supervisors that they must follow the letter and the spirit of discrimination laws: A recent California appeals court that heard a reverse discrimination case upheld an attorneys’ fee award that was 35 times higher than the dollar amount awarded to the employee who had been discriminated against …

Enforce dress and grooming code tactfully to avoid trouble

02/01/2008

You can’t legislate good taste. But that shouldn’t stop you from having and enforcing dress and grooming rules. How you enforce those rules, however, can make the difference between needless litigation and a productive workplace. Don’t joke around about an employee’s dress or style. Instead, call the person into a meeting and discuss the problem in private …