Employment Law

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?

Constructive Discharge

01/17/2014

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy …

Document your efforts to collect FMLA certification info from employees

01/16/2014

There’s a right way and a wrong way to terminate an employee who doesn’t return after her scheduled FMLA leave. The right way: Offer the employee every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.

1 comment won’t make hostile environment

01/15/2014

Here’s some good news for HR managers handling sexual harassment complaints. As long as you act fast, investigate and use your best efforts to prevent a repeat performance, one sexually explicit comment isn’t grounds for a lawsuit.

‘Reasonable’ statutes of limitation OK under ERISA

01/15/2014

Wading into perhaps the most mundane issue it has faced in years, the U.S. Supreme Court on Dec. 16 ruled that a long-term disability plan’s three-year statute of limitations on claims was “reasonable” and did not violate ERISA, which governs many employee benefits.

It’s business as usual, even after sex change

01/14/2014

If you have an employee going through a sex change or other gender-identity issues, follow the lesson from the employer in this case: Treat such employees as you always have and make sure they aren’t harassed by co-workers. But don’t fear legitimate discipline or an evaluation based on performance.

‘No swords at work’ rule: How is that religious bias?

01/13/2014

Anyway you slice it, employers these days should hesitate to deny an employee’s religious request without first checking with a lawyer. It’s all just very complicated with so many religions and their different rules on grooming, clothing and attendance. But can you draw the line when a religion requires followers to wear a sword into the workplace?