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Employment Law

HR law 101: Always follow up with employee who has filed internal discrimination complaint

08/08/2011
Smart HR pros make it a point to check back regularly with employees who complain about alleged discrimination. They document those conversations and address any problems the employee reports, such as claims supervisors are blocking promotions or other opportunities.

FMLA leave spikes before weekends, holidays? Investigate suspected abuse, fire if warranted

08/08/2011

Employees with chronic medical conditions that flare up unpredictably may be entitled to FMLA leave. But that can create scheduling nightmares for employers. And intermittent leave, by its nature, is subject to abuse. After all, an employee on intermittent leave can simply call in and explain his condition is acting up. But that doesn’t mean employers are powerless when they suspect abuse.

EEOC backs bias suit against Wood County government

08/08/2011
A woman who claims the Wood County Sheriff’s Office rescinded a job offer is suing the county, alleging it discriminated against her because of her age and disability.

Court allows termination for failing drug test

08/08/2011
A school employee has lost her case against the school district after it fired her for testing positive for illegal drugs. She had argued she was forced to undergo drug testing on the threat of losing her job and that the testing violated her right to privacy and right to be free from unreasonable searches under the U.S. Constitution.

Better pay, longer hours? Beware pay bias suit

08/08/2011
Here’s a scary hypothetical: A female exempt employee comes into HR to complain about sex discrimination and pay bias. She tells you she works for a male supervisor; two men hold the same position she does. Her hourly rate based on a 40-hour workweek is higher than either of the men’s. But she argues that her supervisor makes her work longer hours. She says that’s pay discrimination. What do you tell her?

Interns aren’t just free labor: How to comply with the FLSA

08/08/2011
With job markets tight and employers shunning applicants with long, unexplained résumé gaps, the ambitious unemployed are opting for unpaid internships. On the surface, that looks like a win-win: The employer gets free labor in exchange for valuable training. The intern also builds skills and prevents big résumé holes. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.

He may have been a con artist, but you can’t say he was lazy

08/08/2011
Here’s an unexpected case in an age when so many people are either unemployed or underemployed: The government is prosecuting someone for holding down two full-time jobs—while on leave from a third job.

Knowingly hired older worker? Don’t fear age bias lawsuit

08/08/2011
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.

Use plain English in your severance agreements

08/08/2011

Employers can offer severance payments to older workers they plan to terminate in exchange for a release of age discrimination claims. But the severance agreement must comply with the Older Workers Benefit Protection Act in order to stick. To comply with OWBPA, the agreement must be written clearly and simply enough that the employee can understand what he is signing.

Patience–and focus on job performance–are key when dealing with difficult employee

08/08/2011

It’s often quite obvious when an em­­ployee is having personal problems that she needs to resolve. But employers have to treat such an employee carefully to avoid a possible ADA regarded-as-disabled lawsuit. The key is patience and focusing on workplace performance issues rather than any suspected disability.