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Employment Law

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.

Approved FMLA leave doesn’t mean worker is disabled

03/09/2012
Just because someone has a serious health condition that qualifies for FMLA leave, it doesn’t always mean the condition is a disability. And merely approving someone’s FMLA request isn’t the same as admitting the employee is disabled.

Trying case in court of public opinion can backfire

03/09/2012
Employers that leak information re­­lated to employee lawsuits can wind up doing more harm than good if the publicity prompts a jury to jack up awarded damages.

Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave

03/09/2012
Sometimes, you have no choice but to contact an employee during FMLA leave—for example, if someone can’t find a file or needs a password to access records. But don’t let supervisors make unreasonable demands or insist that the employee actually work.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012
Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

FMLA rules as thick as a phone book? Be prepared for FMLA interference lawsuit

03/09/2012
Don’t do anything that makes it harder for employees to use FMLA leave. “Creative” rules that end up discouraging legitimate FMLA use or punishing those who take FMLA leave are bound to cause trouble, as one large company facing multiple lawsuits has discovered.

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

03/09/2012
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 New York, 24.1% of workers belong to a union.

Be flexible on deadlines after FMLA leave

03/09/2012
When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.

2 great candidates? Document why you chose 1

03/09/2012

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

Must we reveal salary before offering promotion?

03/09/2012
Q. Do we have to tell employees exactly how much they will be making before we offer them a promotion?