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Employment Law

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014
Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.

Remind managers: Employment decisions based on religion aren’t kosher–or legal

11/05/2014
Here’s a reminder for the next time you provide harassment and discrimination training: Tell managers and supervisors that they should never comment on an em­­ployee’s religious preferences or make any assignments based on notions about certain religions.

Who would have thought an attorney might sue?

11/05/2014
A Manhattan firm called Strategic Legal Solutions didn’t do itself any favors when it withdrew an employment offer once it learned the applicant’s age.

Warn bosses: You could be liable for harassment

11/05/2014

Ordinarily, if a subordinate sues for alleged sexual harassment under Title VII, there is no personal liability for that supervisor. However, if the employer is a public agency or governmental unit, the rules change.

The space between: How applicants age themselves

11/05/2014
Do you type two spaces after a period? If so, your résumé may be destined for the wastebasket. According to career counselor Marc Miller, adding that extra space is a résumé mistake that brands an applicant as Too Old.

Is ‘safety concern’ a legal reason not to hire a woman?

11/05/2014
When a Virginia supermarket manager rejected a woman for a van driver position, he pointed to safety as the reason—female drivers are more vulnerable to assaults.

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Is it OK to substitute paid leave for FMLA leave?

11/03/2014
Q. May an employee substitute paid leave for unpaid FMLA leave?

How far do we have to go to provide work when an employee returns from FMLA leave?

11/03/2014
Q. I am the owner of a security services company. One of my rank-and-file employees is currently on leave from work under the FMLA. Due to an economic downturn, I have been forced to reduce the number of shifts available to my employees. If there is no longer a shift available for this employee when he returns from FMLA leave, am I be required to find or create a shift for him?