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Employment Law

Worker quits in a huff and sues? Court: Employers need chance to fix problem

09/24/2010

Courts are starting to toss out lawsuits brought by employees who quit at the first sign of trouble without at least trying to work out a solution. Judges aren’t as willing as they were in the past to accept quitting as just another form of termination. Instead, they seem to be telling employees they need to give their employers a chance to fix problems before resorting to litigation.

If you have doubts about FMLA eligibility, don’t hesitate to seek a second medical opinion

09/24/2010

Back in August, we told you how a federal court had dismissed a case involving a woman who had taken her child out of day care for the summer and asked for FMLA leave so she could care for him until school started. (See “School’s out for summer! But the FMLA doesn’t cover day care”.) Now the same court has reinstated the lawsuit after taking another look at the facts.

Depression no excuse for missed EEO deadlines

09/24/2010

Federal government employees have tight deadlines for initiating discrimination complaints. In most cases, they must do so within 45 days of the alleged discriminatory act. Miss the deadline, and the case ends. But there are exceptions. For example, if an employee is severely incapacitated, she may be exempted from contacting an agency’s EEO office within 45 days. However, as a recent case shows, mere suffering from depression and anxiety isn’t enough to extend the deadline.

Don’t assume temps are independent contractors

09/24/2010
Some temporary agencies and employee-leasing firms sell their clients on the idea that temp workers won’t be employees of the client. Instead, they will be either independent contractors or employees of the temp agency. Those claims may not hold up in court, because North Carolina has strict tests for who is an employee and who isn’t.

Will making contractors wear our uniforms affect their independent contractor status?

09/24/2010
Q. Can our company require an independent contractor to wear a specific uniform? And can we stipulate that the contractor buy the uniform through us?

Is it OK to pay workers just once a month?

09/24/2010
Q. Is it legal to adopt a once-a-month payroll for hourly employees?

Is dyslexia an ADA disability?

09/24/2010
Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests?

Does the FMLA cover cosmetic surgery?

09/24/2010
Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence?

May we ask applicants about criminal records?

09/24/2010
Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

Doylestown bans discrimination on basis of sexual orientation

09/24/2010
The Doylestown Borough Council has unanimously passed an ordinance banning discrimination in employment, housing and public accommodations based on sexual orientation. The law protects lesbian, gay, bisexual and transsexual people from discrimination.