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Employment Law

USERRA: Another worry when using independent contractors

05/03/2012

Under the Uniformed Services Em­­ployment and Reemployment Rights Act, employees called to active military service are entitled to return to their jobs. That’s not true of independent contractors. But they must really be independent contractors.

Once intermittent FMLA leave expires, reset eligibility clock and demand recertification

05/03/2012
Employees who want to take additional intermittent leave under the FMLA must comply when their employer asks for recertification.

When employees are bilingual, it’s OK to require use of English in the workplace

05/03/2012

Employers can require employees to speak English at work, as long as they enforce the rule across the board. What they can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Ensure training doesn’t foster discrimination

05/03/2012
If you have an internal training program designed to help em­­ployees advance their careers, make sure that it doesn’t unintentionally spur sex or other discrimination lawsuits.

When sexual harassment accusations fly, investigate and discipline right away

05/02/2012
Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.

Never silence a harassment case by urging complainer to resign

05/02/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.

CalSTRS flexes muscle over Walmart bribe allegations

05/01/2012
The $153 billion California State Teachers’ Retirement System, which holds more than 5.3 million shares of Walmart stock, has sued the retail giant following allegations in April that executives in its Mexican division offered millions of dollars to Mexican officials in exchange for expediting building permits.

In Chicago classroom, teachable moment or racism?

05/01/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.”

Focus on poor performance when terminating

05/01/2012

Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.

Employee returning from FMLA leave? It’s OK to ask about his ability to do the job

05/01/2012
After employees take medically re­­lated FMLA leave, they sometimes aren’t able to physically perform their jobs. Employers can certainly raise the issue with the employee and can even terminate the employee if he or she can’t perform the job. Just make sure you keep the ADA limitations in mind.