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Employment Law

Allow BYOB at work celebrations?

06/01/2007

Q. We are an accounting firm. At the end of a grueling tax season, we celebrate with a company party. We’ve stopped supplying alcohol due to liability concerns. But could we allow employees to BYOB? We’d never let employees leave drunk, but could we be sued if they cause an accident?—J.J., Missouri

Post-Birth FMLA Leave: Can it be taken in shifts?

06/01/2007

Q. I know employees welcoming a new child into the family can take FMLA leave within 12 months of the child’s birth. But what if the employee takes just eight weeks after birth and returns to work? Can she take another four weeks of FMLA leave about six months later (i.e., still within the child’s first 12 months of life)?—L.O., Texas

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Is bereavement leave also FMLA leave? Not usually

06/01/2007

Bereavement leave for employees who suffer a death in the family may be part of your benefits package, but it isn’t necessarily covered by the FMLA …

Probation protects in case of bad background checks

06/01/2007

One good reason to have new employees serve a probationary period is that it gives you more time to check their backgrounds and find out whether they were forthcoming on their applications …

Going over supervisor’s head may be a protected activity

06/01/2007

Organizations are entitled to their employee’s loyalty, but that doesn’t mean employees have to remain silent about alleged discrimination. Although it may seem disloyal, approaching a customer about a workplace problem may be a protected activity under some circumstances …

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …

Audit past leave credits when crafting early retirement plan

06/01/2007

If your organization is considering early retirement as an incentive to move out highly compensated employees, do your homework first. To properly calculate seniority, you’ll need to check how unpaid leave was handled years ago …

‘Secret’ consensual love affair with supervisor doesn’t mean automatic employer liability

06/01/2007

While it’s never a good idea for someone with supervisory authority to engage in a sexual relationship with a subordinate, such an affair doesn’t always trigger employer liability …

Commuting injury not covered by workers’ compensation unless the route is hazardous

06/01/2007

Generally, Michigan employees aren’t entitled to workers’ compensation benefits for injuries that happen while driving to or from work. One exception is that for so-called “excessive exposure to traffic risks” …