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Employment Law

The evidence is on Facebook: Can we fire for inappropriate behavior while wearing our logo?

01/22/2014
Q. One of our employees recently posted a picture of himself on Facebook doing something inappropriate while wearing a T-shirt with our company logo on it. The inappropriate conduct didn’t occur at a work event, but we’re concerned that the T-shirt connects us to the conduct. We would like to fire him immediately, but we hesitate because the termination is based on his personal Facebook page.

In case of he-said/she-said harassment, can we make employees hand over text messages?

01/22/2014
Q. One of our employees was recently accused of sending sexually harassing texts to another employee. The complaining employee said she was so upset by the texts she deleted them; the accused employee adamantly denies sending the texts. Can we search the accused employee’s cellphone or is there a way to retrieve the messages from the complaining employee’s phone?

OSHA launches online whistle-blower complaint form

01/22/2014
OSHA now offers whistle-blowers an online complaint form. Until now, whistle-blowers had to either write or call OSHA. The online form is designed to provide workers who have been retaliated against an additional way to reach out for OSHA assistance.

Supreme Court dismisses controversial LMRA case

01/22/2014
The U.S. Supreme Court dismissed the case of UNITE HERE Local 355 v. Mulhall, which questioned whether a neutrality agreement in which the employer agreed to remain neutral on union organizing efforts violated the LMRA. For now, the question remains unresolved.

Weigh ADA, FMLA when considering return to work following disability leave

01/22/2014
Under the ADA, disabled em­­ployees may be entitled to disability leave beyond what’s available through the FMLA and other accrued leave like vacation and personal time. However, they may not be entitled to reinstatement to their prior position.

Justify move to outsource troubled department

01/22/2014
Before outsourcing, carefully lay the groundwork. Document the underlying financial and practical reasons, especially if the department is troubled and some employees have filed discrimination or harassment complaints.

Beware discipline immediately after complaint

01/22/2014
Before you authorize disciplinary action against an employee who has just complained about discrimination or harassment, prepare for a legal fight. If you follow through and the employee sues, few courts will quickly dismiss the case.

ADA: Is worker’s demand for parking space ‘reasonable’?

01/22/2014
Employers have been told for years that the ADA requires them to accommodate disabled employees so workers can perform their jobs’ essential functions. But as this ADA-expanding court ruling shows, you may need to be more open to accommodating any kind of accommodation request—not just one that’s linked to essential functions …

Do we have to pay for time driving between offices?

01/20/2014
Q. Some of our employees leave the office at night with supplies. Then they drive to another office the next day (40 minutes away) with those supplies. What is the correct way to pay them for this?

How much access to discipline records must we give?

01/17/2014
Q. Are we required to provide employees copies of their performance improvement plans or disciplinary action documentation?