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Employment Law

Threatening behavior trumps employee’s disability claim

03/13/2012

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

Employee ‘had a hunch’ about bias? That’s not enough to support retaliation suit

03/13/2012
Employees who experience retaliation for complaining about discrimination don’t have to prove bias to win a retaliation lawsuit. But that doesn’t mean that a mere suspicion or hunch that an employer is discriminating is enough.

When employee’s religion conflicts with duties, explore reasonable accommodations

03/13/2012
More and more, employees claiming deeply held religious beliefs are refusing to perform parts of their jobs they believe conflict with their faith. Offering a reasonable accommodation is the best approach.

When worker returns from FMLA leave, it’s OK to assign equivalent job at different location

03/13/2012

Employees who take FMLA leave are entitled to return to their job or to an equivalent one. If the FMLA absence necessitated hiring a replacement, there’s no obligation to remove or transfer the new hire—as long as the returning employee receives an equivalent position. That position can even include a transfer to a different location …

More union members in 2011, thanks to private-sector gains

03/13/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Florida, only 6.3% of employees belong to a labor union.

Seek ways to show worker didn’t feel harassed

03/13/2012

Employees have to prove two things when they allege they had to work in a sexually hostile environment. They have to persuade the court that, objectively, the environment was toxic. They also have to show that subjectively they felt harassed. Smart employers can attack the second claim …

FMLA: Worker may be protected even before she’s eligible

03/13/2012
We all know new employees aren’t covered by the FMLA until they’ve worked the required 1,250 hours in the past 12 months. But one court recently ruled that pre-eligible employees may be protected in certain cases. Exactly what are they?

Let ’em know: Post all promotion opportunities

03/12/2012

Here’s an easy fix for a poten­tially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost pro­ductivity.

Pharma biz: Does anyone make a pill for HR headaches?

03/09/2012
The pharmaceutical industry must have a bull’s-eye on its back, because employees’ attorneys continue to take aim at it, filing class-action lawsuits that allege unfair or illegal pay practices.

Report shows Uncle Sam is biggest USERRA violator

03/09/2012
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.