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Employment Law

Terminations: 5 Tips for Avoiding Lawsuits

04/21/2007
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Train managers on FMLA or risk double damages

04/01/2007

Make it a point to train supervisors on how to manage employees’ leaves that could be covered under the FMLA. Otherwise, don’t expect to plead ignorance if they make a mistake. A court could zap you with double damages under the FMLA’s liquidated-damages rule …

Put incentives in writing; don’t let managers blurt them out

04/01/2007

Remind supervisors to avoid the temptation of making oral promises that they may not be able to keep, even if that means losing an employee who has another job offer. …

Obtain approval to give out employees’ info

04/01/2007

Q. I’ve just joined a new company, and our HR people give out employees’ information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia

Don’t tell employee’s new boss about his prior complaints

04/01/2007

If an employee is suffering from performance problems and wants a transfer to another supervisor or position, be careful which details in the person’s history you share with the new manager. That’s especially true if the employee has a history of filing legal complaints …

Workers fail to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? —T.B., Tennessee

Clarifying the partial-Day deduction rule

04/01/2007

Q. I have a question about the partial-day deduction rule. I don’t understand how we can deduct from salaried employees’ paid-leave bank when they are gone for an hour or two during the day since we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? —J.H., Minnesota

DHS finds that an illegal ‘Hostile environment’ can flare up quickly

04/01/2007

What can you say in the space of two hours to constitute a “severe and pervasive” hostile work environment that would be enough to justify a lawsuit? …

Preserve records or face jury’s wrath on overtime pay

04/01/2007

If you get wind of a possible lawsuit over unpaid overtime, make sure all your payroll records remain intact and available. Don’t crank up the shredder. If you dispose of related documents, the penalties under Ohio law can be especially harsh …

Personality Conflict With the Boss Isn’t a ‘Disability’

04/01/2007

Employees who claim an ADA-protected disability will have to cite more than a simple personality clash with their boss. Such conflicts won’t win an ADA lawsuit even if working with a particular supervisor makes the employee anxious, depressed and angry …