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Employment Law

Keep your credibility intact: 12 lessons from the courtroom

02/01/2003
To avoid becoming the target of discrimination lawsuits, you need to protect your credibility as a leader and manager. Reason: It’s one of the top ways plaintiffs’ attorneys …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

When to Pay for On-Call Time

02/01/2003

Q. When do we have to count “on-call” time as hours worked?—L.G., California

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Be upfront about pre-hire training needs

01/01/2003
Does your company mandate training courses before a new hire starts? If so, let job candidates know about these requirements and whether they’ll be paid for the time. …

Don’t stray from layoff procedures

01/01/2003
A 65-year-old employee was laid off as part of a reduction in force. She claimed her supervisor had made age-related comments, and the company failed to follow its published RIF criteria …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003
If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Don’t raise performance bar solely on workers taking FMLA

01/01/2003
Talk about a multimillion-dollar mistake. In a case that could spell a trend as more baby boomers care for aging parents, an Illinois federal jury awarded $11.65 million to a hospital …

Transfer to more demanding job doesn’t add up to retaliation

01/01/2003
After railroad laborer Sheila White complained that her foreman sexually harassed her, her employer investigated and temporarily suspended the foreman without pay. Soon after, the company gave White’s forklift duties to …