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Employment Law

Use contractual limitations to protect company and managers

09/01/2007

Michigan courts have generally upheld as valid and enforceable provisions within an employment application or employment contract that place time limits on when employees can sue their employers. Thus, while the statute of limitations for filing a claim of discrimination under Michigan’s Elliott-Larsen Civil Rights Act is three years, a Michigan court has upheld contractual provisions providing for a shortened limitations period of six months …

Promotions and age discrimination

09/01/2007

Q. We are reviewing two employees for a promotion, one is 55 and the other is 45. We are concerned that if we select the younger employee, we will be charged with age discrimination. Are we safer selecting the older employee, assuming both candidates are qualified for the job? …

Can employees agree to waive their FMLA rights?

09/01/2007

Q. I have been told the company cannot require an employee to sign a valid release of a potential FMLA claim. We recently have gone through a downsizing. We have a severance policy that provides a nice benefit, but to qualify, the employee must sign a general release promising not to sue the company over any employment-related matter. The release includes any claim under the FMLA. Is that OK? …

Business travel and pay

09/01/2007

Q. We have asked one of our hourly (nonexempt) employees to attend a trade show in Las Vegas. He will be flying on Sunday and attending the trade show on Monday and Tuesday, and then returning Tuesday night on the “red eye.” Do we pay the employee for the hours he is traveling? What if he doesn’t come to work until 1 pm on Wednesday after flying all night? …

Labor Department audit may trigger huge lawsuit

09/01/2007

You may think that by cooperating with a U.S. Labor Department audit under Fair Labor Standards Act, you’ll avoid a lawsuit. Unfortunately, the fact is that the audit may be only the beginning of your troubles—even if you go ahead and pay everything the department says you owe …

Don’t use attendance policy to avoid accommodations

09/01/2007

While attendance is an important goal, refusing to allow disabled employees some leeway is a sure way to the courtroom. Before you adopt a strict no-excuses tardiness policy, make sure you consider the special problems disabled employees may have. You can’t just declare that being on time is an essential function of every job and leave it at that …

‘Keep it confidential’ may let employers off liability hook

09/01/2007

You have a robust sexual harassment  policy, and everyone from the lowest level employee to the company president knows how it works. But what happens if an employee tells a supervisor about possible harassment and then asks him or her not to take it up with HR? …

Good news: Discussion of discipline that doesn’t name names is not defamation

09/01/2007

Supervisors can discuss discipline with co-workers if the situation warrants and not fear a defamation lawsuit. As long as the discussion is necessary for a legitimate business reason, such as preventing workplace violence or squelching rampant and erroneous rumors, the employer won’t be liable. Otherwise, mum’s the word …

Supreme Court to hear Florida FedEx drivers’ discrimination case

09/01/2007

The U.S. Supreme Court has agreed to hear an Age Discrimination in Employment Act (ADEA) case involving FedEx drivers. Employees in three states, including Florida, filed an ADEA suit against FedEx, citing policies designed to “drive out older workers” …

Manager wounded after guards were eliminated sues bank

09/01/2007

A SunTrust Bank manager, who was wounded during a bank robbery, has sued the bank because it had eliminated security guard positions for economic reasons just before the robbery …