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Louisiana

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Be sure to document reasons that led to your decision to terminate

12/04/2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Clearly document the rationale for disciplinary decisions you make

10/22/2018
Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

How to handle requests for religious time off

10/09/2018
It’s perfectly legitimate to require employees to request religious leave well in advance. If you have a process to ask for time off for other kinds of leave, use it for handling requests for religious leave, too.

Disability is no excuse for poor performance

09/17/2018
Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

Rely on Motor Carrier Act to exempt drivers? Show you’re engaged in interstate commerce

09/13/2018
Some workers are covered by the Motor Carrier Act exemption, which essentially says that workers involved in trucking that crosses state lines don’t have to be paid overtime. But recent court decisions have narrowed that MCA exemption, requiring employers to clearly prove they are engaged in interstate trucking.

Employers must stop customer harassment, too

08/06/2018
There are a few workplace scenarios in which the nature of the job makes it more likely that sexual harassment may occur. But even then, once an employer knows harassment is happening, it has an obligation to stop it.

You get to choose which promotion criteria to favor

06/27/2018
When setting promotion criteria, feel free to give educational attainment more weight than years of experience on the job. It’s your call.

Remember the final step to make an arbitration agreement stick: Be sure to sign it!

06/27/2018
If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a binding, valid contract.