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Employment Law

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …

Don’t consider weight in hiring; obesity may qualify as a disability

06/01/2003
When weighing hiring decisions, make sure you don’t consider the applicant’s weight, unless it’s clear that it would prevent the person from performing the job’s …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

Union ‘salts’ can shake your hiring policies.

06/01/2003
So-called ‘salts’ are pro-union applicants who try to win jobs in hopes of organizing a nonunion company. You can’t simply reject such applicants because of their …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …

Supreme Court: Fewer small firms covered by ADA, but check state law

06/01/2003
It’s clear that companies with fewer than 15 employees aren’t required to comply with the Americans with Disabilities Act (ADA). But do company shareholders …

Beware legal risks of using school transcripts in hiring

06/01/2003
Worried that poor grades and lax attendance might spell an employment risk, more employers are requesting applicants’ school transcripts. Our advice: …

Seek out tax credits for hiring certain ‘disadvantaged’ workers

06/01/2003
Want to save your company some money, and look good in the process? Point out the tax incentives available if your company hires people from certain …

Keep salaries gender neutral; pay gap widens at top levels

06/01/2003
Heads up: Pay equity is in your hands; make sure salaries are always gender neutral. Reason: Women are less likely than men to reach the highest salary brackets, according to …

Do you need insurance against employee lawsuits?

06/01/2003
Consider these stats: More than one-fourth of civil lawsuits filed last year were employment related, and the average jury award in employment cases is approaching …