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Retaliation

Doubt disability? Simple accommodations are best bet

12/12/2012
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Stop litigious employees’ amateur sleuthing! Set policies to ban unauthorized recordings

12/12/2012
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

Common-sense court decision: Promotion isn’t adverse employment action

12/05/2012

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

Selma, DOJ settles firefighter’s retaliation suit

12/03/2012
The U.S. Department of Justice has reached a settlement with the city of Selma, ending a lawsuit that alleged violations of Title VII of the Civil Rights Act.

Employee complains to TCHR? OK to end internal grievance

12/03/2012
Many employers have in­­ternal grievance procedures for em­­ployees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Com­­mis­­sion on Human Rights?

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Keep the snark to yourself! If you suspect malingering, let system play out

12/03/2012
Sometimes, employees fake or exaggerate injuries in the hopes of getting paid time off. If you suspect that’s going on, don’t get angry and put vindictive roadblocks in the employee’s way. Instead, treat him the same way you treat everyone else.

Hiring: List experience requirements, too

12/03/2012
When posting job openings, don’t focus solely on educational re­­quirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

Erratic employee veering toward violence? Request fitness-for-duty exam, fire if he refuses

11/30/2012

Sometimes, it becomes clear to a supervisor that an employee is acting strangely. The employee may be cranky, argumentative and unpleasant to co-workers and supervisors. He may register repeated complaints about discrimination or other ill treatment. And he may make threatening comments. If that happens, play it smart.