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Employment Law

Don’t use disability leave as excuse to terminate

06/26/2018
Under California’s Fair Employment and Housing Act, employers must reasonably accommodate disabled workers with disability leave. If that leave is then used against the worker to justify a termination, it ceases being a reasonable accommodation.

Better get a lawyer! Details are crucial when drafting employment agreements

06/26/2018
When it comes to incentive agreements, it pays to engage an experienced attorney up front to draft the language. Your early investment in legal help will save you time and money later.

Assemble objective data to justify disciplinary and termination decisions

06/26/2018
Employers that have solid, objective information about poor performance seldom lose lawsuits over the firing of a sub-par employee. Just one caveat: The more objective the data, the better.

Absences may disqualify disabled employee

06/26/2018
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.

No work permit? Overtime pay still required

06/26/2018
Undocumented status and the possibility the workers may be subject to deportation does not absolve you of your obligation to pay the minimum wage and overtime under California’s wage-and-hour laws. You must also grant mandated meal and rest breaks.

Bill would lower standard for harassment complaints

06/26/2018
A bill before the Minnesota legislature would establish a lower bar for sexual harassment victims under the Minnesota Human Rights Act than the one required to file claims under Title VII of the Civil Rights Act.

Part-time job may be reasonable accommodation

06/26/2018
The ADA requires employers to consider transfer to open positions as reasonable accommodations for disabled workers. But what if an employee isn’t qualified for any open full-time positions? A part-time position may suffice.

ADA doesn’t guarantee right to pick a different supervisor

06/26/2018
An employee may claim that the stress of having a difficult boss creates a mental disability such as major depression. She can ask for another supervisor as a reasonable accommodation—but employers don’t have to grant it.

Avoid discrimination lawsuits! Beware hiring below minimum job requirements

06/26/2018
If you rejected an applicant early in the hiring process because he or she didn’t meet your stated minimum requirements, but then hired someone else who also didn’t meet them, then the rejected applicant may have a potential discrimination lawsuit.

Justify discipline by documenting the reasons at the time you decided to act

06/22/2018
Courts hate to second-guess employers’ disciplinary decisions. If you are sued for discrimination, give judges every reason to believe that your organization isn’t biased. The best way is to detail the surrounding circumstances that gave rise to discipline.