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Employment Law

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

Beware ADA lawsuit if you fire after FMLA leave expires

01/18/2012
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.

No requirement to break up love triangles–but be prepared for workplace violence

01/18/2012

When romance blooms at work, trouble may lurk not far behind. That’s especially true when co-workers fight over the same love interest. A spurned employee may be out to get her rival, leading to all sorts of conflict. Fortunately, this isn’t the sort of thing that employers have to intervene in—as long as there’s no workplace violence.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.

Following EEOC victory, carefully consider conditions you include in last-chance agreements

01/18/2012

In a significant legal victory, the EEOC has persuaded a federal court to limit what employers can in­­clude in so-called last-chance agreements. The court concluded that the EEOC was right when it argued that agreements threatening retaliation are illegal …

Aggressively stamp out workplace bawdiness

01/18/2012

Employers that don’t have a squeaky-clean, sex- and innuendo-free workplace may end up spending big bucks defending against sexual harassment charges. That means you need an aggressive program that bans all forms of sexual behavior and banter at work.

Hired him? You should be the one to fire him

01/18/2012

Make this a mantra in your organization: The same person who hired an employee should be the one to fire him if necessary. Here’s why:

6 factors that determine independent contractor status

01/17/2012

Today’s tight economy has prompted many employers to try to reduce costs—including overtime—by classifying workers as independent contractors instead of employees. That hasn’t escaped the notice of the IRS and the U.S. Department of Labor, which have stepped up efforts to deter misclassification.

Has your organization ever been sued by a current or former worker over an employment law dispute? If so, what happened?

01/17/2012
Knock on wood: Half of our readers say they’ve stayed out of court.

Be prepared to answer the question: Are you biased, or is employee overly sensitive?

01/16/2012
Every once in a while, you’ll run across an employee who is hyper­­sensitive to any criticism. She may even attribute it to bias against a protected status, and may file an EEOC complaint. Rest assured that if you investigated and took her complaint seriously, the EEOC complaint will likely be dismissed.