To counter discrimination in promotion claims, be sure you can show that the selected employee was a better candidate in as many ways as possible. That makes it much harder for a disappointed candidate to prove he was clearly better qualified.
In recent years, employers have seized on biometric technologies such as fingerprint scanning as a way to control time-clock abuse. But before you rush out to buy the latest in technology, be sure to check with your attorney or your state labor department.
It can be difficult and even unnerving when a former employee files a lawsuit full of obvious false and unsupportable allegations. But don’t ignore it. Work with your lawyers to get it dismissed as soon as possible.
A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.
It’s a free country, so employees can express themselves however they want at work, right? Wrong. Only employees in the public sector—those who work for government entities—have First Amendment rights in the workplace, subject to limitations.
It’s not unusual for former employees or their prospective employers to ask for copies of personnel records. Make sure you follow a consistent policy that regulates how, when and to whom such records may be released.