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Employment Law

E-mail/Internet use: You have power to set, enforce policy

03/01/2004
THE LAW. Don’t believe employees’ claims about their desktop privacy. Current laws give your organization wide latitude to monitor and restrict employees’ use of e-mail, the Internet and other computer …

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Supreme Court protects age-related benefits

03/01/2004
Issue: A key new ruling says your organization can offer benefit packages designed specifically for older employees. Benefit: More flexibility to set employee perks; eliminates the fear of “reverse” age …

Misconduct is the key to enforcing your ‘no rehire’ policy

03/01/2004
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don’t have to rehire people who are …

Age-bias: Six-years-or-less difference destroys claim

03/01/2004
A 54-year-old supervisor’s management duties were handed to a 48-year-old employee. The supervisor sued under the Age Discrimination in Employment Act. A federal appeals court tossed out the case. Reason: The …

Retaliation: Don’t retaliate against witnesses

03/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. The case: During an investigation into misconduct, employee Donny Abbott told supervisors …

Domestic-partner benefits: Don’t fear cost, controversy

03/01/2004
Issue: More employers are offering domestic-partner benefits to both same-sex and opposite-sex couples. Benefit/risk: Such benefits can provide a good recruiting tool, but thorny legal and tax issues must be …

Phrase job offers carefully to avoid confusion, lawsuits

03/01/2004
Issue: What you don’t say in a job-offer letter may be just as important as what you do say. Risk: Fired employees may try to use poorly written job-offer letters …

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.