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Employment Law

Frequent absences? Show when you decided to fire

01/24/2014
If you’re ready to fire an employee for missing too much work, be sure to document the absences and pinpoint when you made the termination decision. Your records may come in handy if she sues and claims her leave was FMLA-protected.

Make sure employee is clear about your system for running and counting FMLA leave

01/24/2014
Employers are free to run FMLA leave concurrently with other paid leave. Just make sure you tell employees exactly how you are accounting for their FMLA leave.

Understand the legal risks when employees telecommute from another state

01/24/2014
Before approving an employee’s request to telecommute from her home in a different state, consider that you may have to follow a different set of employment laws. If she ends up suing your company, she may do so in the state where she performed her work.

Boss seems to be seeking young ‘dream team’? Be alert for possible age discrimination

01/24/2014
Does your organization have a supervisor who frequently interviews and wants to hire younger applicants at the expense of older ones? That supervisor’s “dream team” may end up as Exhibit A in an age discrimination lawsuit.

ADA: Medical restrictions matter, not duration

01/24/2014
For many years, employers felt safe denying accommodations for allegedly disabled employees when it was clear that their medical conditions were temporary and not permanent. That’s no longer the best approach.

How far must we go to accommodate employee’s need for religious days off?

01/24/2014
Q. One of our employees notified us that he cannot work on certain days of the week for religious reasons. Are we required to accommodate the employee’s request and work around his requested days off?

California’s DFEH report highlights coming discrimination trends

01/24/2014
The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, submits an annual report each calendar year to the governor and the state legislature. The latest report shows growing trends toward more filings related to disability, race and gender-based discrimination.

Firm that serves disabled settles ADA complaint

01/24/2014
Vallejo-based Pace Solano has settled charges it violated the ADA when it withdrew an employment offer after discovering the applicant’s disability. Pace Solano provides services for Solano County citizens with developmental disabilities.

Beware boss who undermines anti-harassment rules

01/24/2014
Here’s a novel situation: What do you do if you learn that someone is undermining a manager or HR director’s efforts to stop sexual harassment by enforcing company rules? If you ignore the manager’s complaint, she may sue the company for allowing sexual harassment to flourish.

Don’t fear punishing boss who threatens retaliation

01/24/2014

Employees who complain about discrimination or other problems by going to HR shouldn’t be punished for doing so. That includes the mere threat of punishment, whether or not that punishment is carried out.