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Employment Law

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

ADA: Firing OK if health problem is minor

02/20/2013
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

Ask your attorney about class-action waivers

02/20/2013
The 8th Circuit Court of Appeals has ruled that an employee who previously agreed to waive her right to file a class-action overtime lawsuit does indeed have to rely on individual arbitration of her claim.

Documentation key to post-complaint discipline

02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.

FICA refunds due on ‘excess’ mass transit fringes

02/20/2013
For 2012, you could provide employees with up to $125 a month tax-free in qualified mass transit benefits and up to $240 in qualified employer-provided parking. Until, that is, Congress upped the ante by equalizing both benefits at $240 a month, retro­active to the beginning of 2012.

DOL wants feedback on proposed worker classification survey

02/19/2013
The DOL is planning to survey workers on their knowledge of basic employment laws, so it can gauge their experiences with worker misclassification. Beware: This may be the best indication yet that the DOL is planning to crack down on employers that misclassify employees as independent contractors.

Different punishments for breaking same rule? Cite specifics to justify harsher discipline

02/18/2013

It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.

Have ‘the talk’ to stop hostile environment

02/18/2013

You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments …

Same offense, different discipline: Show why harsher punishment was warranted

02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.

Degree is required, but can a raise hinge on it?

02/15/2013

Q. A job description says “a bachelor’s degree or equivalent work experience” is required. An employee in that job has proven he can do everything the job description entails and then some. Is it legal to tell him the raise (within reason) cannot be justified to the board of directors be­­cause he doesn’t have a college degree?