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Employment Law

Must we pursue reasonable accommodation if employee could never return to work?

12/01/2007

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

FMLA and late certification: Can we fire for missed deadline?

12/01/2007

Q. As the law requires, my company provides FMLA leave to employees, provided they submit medical certification forms completed by their health care providers, within 15 days. A late submission is grounds for discharge under the company’s employee absence policy. Health care providers being what they are, we frequently receive forms after the deadline. I have a problem employee out on FMLA leave again, who has not submitted a medical certification form within the 15-day deadline. What options are available to me as the employer? Will the employee be protected by the FMLA if I choose to discharge her for not providing the certification form in a timely manner? …

Lawsuit deadlines

12/01/2007

Q. Today, I received notice of a discrimination claim from a former employee I fired 200 days ago. I thought my company was in the clear because employment discrimination complaints had to be filed within 180 days. I was surprised to hear from my HR department that the limitation period for filing the complaints can extend to 300 days. Is this true? And under what circumstances does the 300-day deadline apply? …

HR pros, take note: Doing your job isn’t ‘Protected activity’

12/01/2007

Employees whose jobs involve telling their employers that they may be violating laws aren’t necessarily protected from retaliation under North Carolina law or under the federal Title VII—if the reporting concerns areas covered by the Civil Rights Act or the Fair Labor Standards Act …

OK to consider ambition when selecting who goes, who stays

12/01/2007

If your company’s business strategy includes promotion from within and constant innovation, unambitious employees may serve as poor role models. You may, in fact, want to ease them out in favor of new employees. Before you do, consider ways to light a fire under the feet of complacent employees. Here’s why this is crucial …

Paying commission? Get written agreement

12/01/2007

If your organization pays some employees on a commission basis, it may be a good idea to put it in writing. Relying on just an oral agreement may lead to trouble down the road—especially if the employee quits and says you owe him money. Without a written agreement spelling out the commission terms, a lawsuit probably will come down to his word against yours …

Smithfield Foods gets tough with union, files RICO suit

12/01/2007

Virginia-based Smithfield Foods Inc. has filed suit against the United Food and Commercial Workers International Union (UFCW), alleging it waged a two-year campaign of extortion to force the company to unionize its hog slaughterhouse in Tar Heel …

$20,000 ends Wal-Mart hair salon discrimination suit

12/01/2007

SmartStyle Family Hair Salon has paid $20,000 plus additional relief to settle a religious discrimination lawsuit brought by the EEOC …

Blackwater employees gain immunity for Baghdad shootings

12/01/2007

The U.S. State Department granted immunity from prosecution to Blackwater USA bodyguards involved in the September shootings that killed 17 Iraqi civilians. The immunity deal delayed a criminal inquiry into the events and will make it difficult to prosecute the security contractors …

Independent investigations by HR remove bosses’ biases

12/01/2007

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved …