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Employment Law

Termination for excessive absenteeism

04/01/2007

Q. Our handbook states that employees will be terminated if they are absent more than 10 days in 12 consecutive months. An employee has been absent for seven days so far this year, three of which were due to the flu. He called out sick four days ago. When he returns, he will have exceeded the 10-day limit. Can we terminate him?

Exempt status in question? ‘Good-Faith’ reply saves the day

04/01/2007

If an employee comes forward to protest that you owe him overtime pay because he should truly be a nonexempt worker, it pays to act fast and be able to show good cause why you classified him as exempt in the first place …

Remind bosses: Don’t let ‘Soft’ traits sway hiring, firing

04/01/2007

When it comes to hiring and promotions, one of the quickest paths to the courthouse is relying heavily on a person’s subjective qualifications when objective measures point to a better candidate …

You can’t directly call doctor for FMLA information

04/01/2007

There’s a right way and a wrong way to make sure employees have a “serious” condition that qualifies for FMLA leave …

Let cops search computers; don’t fear a privacy lawsuit

04/01/2007

With all the talk about workplace privacy, remember that your organization, not the employee, owns the computers and the data in them. You needn’t fear a privacy lawsuit if you give permission for law enforcement to read e-mail, search hard drives or access phone numbers on company-owned cell phones …

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

‘Anti-Mom’ comments can trigger messy discrimination lawsuits

04/01/2007

It’s not only illegal to discriminate against females in the work force, it’s also illegal to show bias against certain subsets of women …

You can’t force employee to use paid time if on disability

04/01/2007

If you require employees to use accumulated sick leave, vacation time or other paid leave when they’re out on FMLA leave, be aware of a little-known trap: If that employee also is receiving payments through a disability plan, you can’t force the person to use up his or her accumulated paid leave …

It’s up to you to prove applicant is ‘Direct threat’ to safety

04/01/2007

You can legally reject job applicants who have physical or mental limitations if they would pose a direct threat to their own safety or the safety of customers or co-workers. The ADA makes that clear. What isn’t clear is what’s considered a “direct threat” …

OSHA issues new mandatory safety poster

04/01/2007

If your organization’s OSHA safety poster is showing its years, now’s a good time to order a new one: OSHA just released a new version of the It’s the Law poster …