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Employment Law

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, reg­­ular attendance is a reasonable work expectation.

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Can an independent contractor use a company car?

08/07/2013
Q. If we use independent contractors as drivers/couriers, can they use our company cars?

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.

IRS issues tax guidance on ACA employer mandate delay

08/02/2013
As promised, the IRS has released guidance on the implications of the Obama administration’s decision to wait until 2015 before enforcing the Affordable Care Act’s requirement for employers of 50 or more to provide health insurance benefits.

Employees’ FMLA leave is inconvenient? Too bad! That’s no excuse for termination

08/02/2013

Employees take FMLA leave at the darnedest times—often when you can least afford to lose them. And FMLA leave can be doubly frustrating when it’s taken by an employee who’s already had attendance problems. But if that employee has an FMLA-qualifying serious health condition, there’s really nothing you can do.

Use documentation to show insubordination

08/01/2013

Some employees will never be happy and seem to do everything possible to interfere with a normal, well-functioning workplace. When that’s the case, don’t hesi­­tate to terminate the disruptive worker. Just make sure you document her shortcomings.

There’s a reason for all those disciplinary rules!

07/31/2013
You should be able to easily pull up every employee’s disciplinary history and show that the employee received a copy, acknowledged an oral warning or was counseled. Consider what happened in the following case when recordkeeping lapsed.

NLRB ruling shows risk of Facebook discipline

07/31/2013
The National Labor Relations Board last month ordered a New York City tour bus company to reinstate a tour guide that it fired for his anti-company Facebook posts. It said his postings were considered “protected concerted activity” that related to the employer’s working conditions.

Fired in Fayetteville, former employee alleges racism

07/30/2013
A black man who was fired by the Fayetteville Public Works Com­mis­­sion (PWC) has filed a race discrimination lawsuit alleging that the commission consistently favors white employees over black employees.