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Employment Law

Firing during FMLA leave: legal, but usually unwise

08/01/2005
Issue: If you uncover an employee’s performance problems while she’s on FMLA leave, can you fire her?
Risk: Firing may be legal in some cases, but it will likely prompt …

Save medical exams for last step in pre-hire screening

08/01/2005
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don’t do it.
Follow the …

Always verify FMLA eligibility before approving leave

08/01/2005
Issue: Courts won’t look kindly on employers that OK an employee’s FMLA leave but then change their minds.
Risk: In such cases, courts could grant FMLA rights even if the …

2005 SHRM conference

08/01/2005
?’Winging it’ during interviews poses double danger
Using unstructured, “tell me about yourself” questions during
job interviews not only opens you to discrimination claims, it often results in poor …

Retain benefit eligibility after FMLA leave

08/01/2005

Q. We understand that employees on FMLA leave don’t lose investment toward retirement plans. Leave time is counted as work time. But our policy says that if employees are out for more than 30 days, their anniversary dates will change. Accrued paid-time off and vacation time will be based on the new anniversary date. Can we do this? —K.A., Connecticut

Adapt technology to disabled staff … within your means

08/01/2005
Issue: Various new technologies allow disabled people to be productive at work.
Risk: Courts say employers must provide such adaptive technologies in line with their resources.
Action: Here’s how …

Don’t punish employees for wrong drug-Test hunch

08/01/2005

Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn’t work until the test came back in two days. The results were negative. What financial responsibility do we have? Do we owe him lost wages for those two days? —L.B., North Carolina

Pay employees for their ‘pre-work’ work

08/01/2005
When employees arrive and prepare their workstations for the day ahead, does that count as compensable time? Yes, as one employer found out the hard way last month. Humana must pay …

Stop FMLA abuse with employee ‘bed check’

07/01/2005
Good news: Managing employees out on sick leave and spotting FMLA abuse just got easier.
As a recent court ruling shows, you can call and check on employees to make …

Even ‘nontargets’ can sue for hostile environment

07/01/2005
Hopefully, you already take any discrimination or harassment complaints from minority employees seriously. But what if a white male blows the whistle about race discrimination he sees affecting his minority co-workers? …