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Employment Law

Check for job search if employee was ‘forced’ to quit

06/07/2011
Under limited circumstances, an em­­ployee can claim that harassment or discrimination at work made her life so miserable that she had no choice but to quit. She can then walk out and sue as if she had been fired. But what if it turns out that the employee found a job before quitting? That can sink her claim.

You can demand a mental exam if you’re sued for emotional damage

06/07/2011
Employees who claim they worked in an environment so sexually hostile that they suffered psychological damage may have to undergo a mental examination and intensive testing before the case goes to trial. It’s the only way an employer can determine whether the alleged damage was indeed related to the harassment, or perhaps came from another source.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Document exact timing of decision to fire

06/07/2011
When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Which of the following issues causes the biggest problems in your organization?

06/07/2011
When it comes to HR headaches, our readers say employment law issues take a back seat to run-of-the-mill gripes and clashes between co-workers.

Hey, boss, call HR! Warn managers: Don’t fix complaints informally

06/07/2011

When supervisors hear someone complaining about sexual or other harassment, they may be tempted to blow it off or tell the co-workers involved to stop it. That’s not good enough. To prevent a successful employee lawsuit, you must impress on first-line supervisors and managers that it’s their responsibility to report any sexual harassment complaint to HR or other appropriate company official.

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Bipolar worker making threats: Accommodate or terminate?

06/07/2011

In the past few months, several Holly­wood celebrities—including Cath­erine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bipolar disorder, a mental illness defined by high and low mood swings. But what if a bipolar employee ex­­hibits threatening behavior—can you discipline her, or must you accommodate the disability?

Your 10-point checklist to ensure an NLRA-compliant handbook

06/06/2011
A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized. Review your handbook for policies relating to the following 10 “red flags” that attract the NLRB’s attention.