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Louisiana

Where legal trouble lurks: Even unwritten rules must be enforced fairly and consistently

10/07/2014
Before disciplining an employee who says she did what she did because her supervisor told her it was OK, make sure others following the same informal rule were treated the same. If you fire or demote one, you must fire or demote the other.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

No need to establish absolute proof before terminating alleged harasser

07/31/2014
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

Workweek isn’t based on consecutive days

07/31/2014

Under the FLSA, employees are entitled to overtime for hours worked over 40 in any workweek. However, the law doesn’t specify how a workweek is determined…

Foresee having to fire difficult employee? Track warnings and discipline for later use

07/10/2014

Sometimes, employees who sense they are skating on thin ice at work will decide they want to keep their jobs, improve their output and adjust their attitudes to comply with your expectations. And sometimes they won’t. Determine which path such an employee has chosen by tracking both work performance and behavior over time.

Need to alter duties? Document the reasons

07/07/2014

Employers have the right to manage their workforces in the most efficient way possible as long as they don’t discriminate. As a practical matter, that means employers should think ahead to a potential lawsuit when making significant workplace changes such as reducing the workforce, consolidating positions and reassigning work.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.