• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

ADA claim during bankruptcy must be honored

11/09/2011

When an employee files for bank­­ruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the em­­ployer have to list any claim against it as a liability?

The 2 words to strike from your HR vocabulary

11/09/2011
At-will employment is the rule in most states, meaning you can terminate employees at any time and for any reason (except an unlawful one), as long as you don’t promise them a job for a specific length of time. Don’t risk their at-will status by using the term “permanent” or “probationary period.”

The FMLA Calendar: 4 Methods to Counting an ‘FMLA Year’

11/08/2011
The FMLA was created to allow employees time off to deal with their own serious health conditions or those of family members who need medical care. But the law carefully balances the rights of employees to keep their jobs while facing temporary hardships with the rights of employers to run their businesses. That’s one reason […]

How do we prevent ‘stacking’ of FMLA, sick leave?

11/08/2011
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?

Sudden discipline after exemplary record? Don’t rule out supervisor prejudice

11/07/2011

Employees with excellent performance records often head straight to HR the first time they face disciplinary action. And you’re right to worry enough to take a careful look at whether the proposed discipline is warranted. It’s possible that a boss’s prejudice may have motivated the discipline.

Never let fired employee unfairly blame bias; be prepared to prove performance deficiencies

11/07/2011
Employees who have lost their jobs have very little to lose and everything to gain by suing their former employers. Your best defense when firing: Al­­ways carefully document a performance-related reason for the termination. That will trump all but the most egregious cases of supervisory expressions of bigotry.

Don’t let bias complaint stop legit discipline

11/07/2011
Here’s an important reminder for HR professionals handling em­­ployee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.

Misclassification could cost Dayton cable firm $1.6 million

11/07/2011
A federal judge has sided with the U.S. Department of Labor in an employee misclassification lawsuit against Fairfield-based Cascom, which lays fiber-optic lines for Time Warner Cable in the Dayton area.

Death puts Marietta company on OSHA watch list

11/07/2011

A horrific accident that killed a worker in March 2011 has led to $186,300 in fines for Refuse Recycling, based in Marietta. Inspectors from OSHA were called to the plant after an employee was found dead inside a rotating drum that screens recyclables from other refuse.