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Employment Law

When deciding layoffs, rely on several objective factors

02/01/2004
When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Age difference of six years or less destroys employee’s age-bias claim.

02/01/2004
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. Court’s reason: …

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

You can require tests to determine ADA accommodations

02/01/2004
Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

Stop ‘cybersquatters’ who try to hijack your Web address

02/01/2004
Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …

Beware bias against men who take FMLA leave

02/01/2004
Would you think less highly of male applicants because they took leave under the Family and Medical Leave Act (FMLA)? Your first answer may be “No,” but a new study suggests …

Beware labor’s pitch to create union sympathizers

02/01/2004
As AFL-CIO union membership continues to decline, it’s trying another tack: creating an army of nonunionized workers to rally support for its causes. Rather than organizing individual workplaces, this program, dubbed …

Employment contracts: Can your workers claim an ‘implied’ contract?

02/01/2004
Issue: Drafting a legally sound employment contract and avoiding “implied contract” claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal …

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania

Beware Time-Clock Inconsistencies

02/01/2004

Q. Our employees punch in 15 minutes or less before their warehouse shifts begin. We pay them starting at their scheduled start time. Also, our employees are scheduled for 30-minute lunch breaks, but some punch in and out for lunch within 10 or 15 minutes. Our company pays the full lunch time, regardless of what is punched. Is this OK? —J.W., Indiana