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Employment Law

Don’t leave yourself open to retaliation claims: Enforce work rules equitably for all employees

10/04/2010
Before you decide to throw the book at a difficult employee for breaking a rule, make sure you have enforced it the same way for all similarly situated employees. Otherwise, the employee you’re cracking down on may be able to make a credible claim for discrimination or retaliation.

Timing of harassment in question? Check time cards to determine who could have seen what

10/04/2010

When employees file discrimination and harassment lawsuits, they have to prove that the things they claim happened actually did occur. Often, their memories may be a bit cloudy and they think they recall that others experienced the same thing they did. They could simply be wrong, or they could be making it all up. That’s where time records can come in handy.

Put the brakes on out-of-control lawsuits! Stop retaliation before it starts

10/04/2010

Among the many hassles of being sued is the simple fact that once a lawsuit is filed, it’s hard to stop. And if a discrimination case, for example, ends up before a jury, all bets on the outcome are off. While you can’t prevent every possible discrimination complaint, you do have control over cases charging retaliation.

Beware discipline after return from FMLA leave

10/04/2010

Employees are protected against retaliation for taking FMLA leave. Disciplining an employee who has just returned from such leave is risky, especially if you can’t point to anything truly objective as the reason. Attributing a “poor attitude” to returning employees is a bad idea unless you can provide specific examples of actual work deficiencies.

Document every reason for firing employee

10/04/2010

When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.

Courts look at unpaid, off-the-clock work when tallying 1,250-hour FMLA threshold

10/04/2010

Many part-time employees don’t qualify for FMLA leave because they haven’t worked at least 1,250 hours during the 12-month period immediately preceding the leave. But now some hourly employees and their attorneys are trying a new approach: They’re claiming that employers failed to count so-called off-the-clock work toward FMLA eligibility.

Poor attitude and work ethic? Don’t give that promotion

10/01/2010

You want to promote the most capable and promising employees and encourage low performers to improve. That may mean pointing out some painful realities when an employee is passed over for promotion. Done sensitively, pointing out poor attitude and lack of a strong work ethic won’t fuel a lawsuit.

Taking FMLA leave may rule out performance bonus

10/01/2010
Under the right circumstances, employers that pay discretionary bonuses based on actual performance don’t have to make the extra payments to employees on FMLA leave. Thus, a discretionary bonus based on performance during each quarter may not have to be paid if the employee didn’t work.

Remind bosses: React to all FMLA requests in a calm and stoic manner

10/01/2010

An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if bosses voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit.

Hey, boss, you better call HR! Warn managers against trying to resolve complaints informally

09/30/2010

Sometimes, managers and supervisors just want their employees to get along and get their work done. When they hear someone complaining about sexual or other harassment, they may be tempted to blow it off as a distraction and just ignore it or tell the co-workers involved to stop it. That’s not good enough.