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Employment Law

Warn bosses: Don’t speculate on injury costs

02/11/2011
We all know that employers’ workers’ compensation insurance premiums go up when someone gets hurt at work and starts collecting workers’ comp. But that’s no reason to treat a worker who is returning from an injury any differently than you treat others.

Log customer complaints to back up discipline

02/11/2011

Customers may not always be right, but employers can’t ignore their reasonable and lawful complaints. Remember, you need to document those complaints at the time they happen—especially if it seems like a customer complaint might lead to employee discipline.

Document efforts to help employee improve

02/11/2011
Nothing makes an employer look better in court than clear proof that it tried to help a struggling employee improve her performance. That’s why you should keep track of those efforts.

Offer reasonable ADA accommodations–but you don’t have to provide full-time helper

02/11/2011

It can be devastating when an employee becomes severely disabled in the prime of life, especially if it’s clear the disability means she will never be able to perform her old job without substantial assistance. Well-intentioned, compassionate employers try their best to help. But the tough question is how far they should go to accommodate the disabled employee’s restrictions.

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.

Must we accommodate ‘alternative’ religions?

02/10/2011
Q. We gave three Muslim employees a prayer area and time off to pray. This seems to have given others ideas. We had two religious accommodation requests for time off and dress code modifications. But I’ve never heard of their “religion.” Can I ask more about it?

Should we forbid supervisors from becoming their subordinates’ friend on Facebook?

02/09/2011
Q. A supervisor recently asked if he was allowed to accept a subordinate’s “friend” request on Facebook. How should we advise our supervisors?

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011
Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

How to legally make the digital leap to electronic HR records

02/09/2011
Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.