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Louisiana

OK to offer option to work during FMLA leave

06/07/2018
You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a condition of continued employment.

Greater experience is a legitimate reason to punish one employee more harshly than another

06/06/2018
Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a legitimate reason to punish one employee more harshly than another. Just be sure you document the reason for differing punishments.

Patience and good records beat frivolous lawsuits

05/22/2018
Some poor performers don’t view their prob­­lems the same way supervisors do. They often fight back with frivolous lawsuits. Be prepared for those legal salvos by constantly maintaining documentation of employee performance.

Similar offenses, different discipline? Be sure to justify with critical details

03/28/2018
When it comes to disciplining employees, details make a big difference. Be sure you include enough information in your investigation reports so you can later explain, for example, why one employee deserved harsher punishment than another who made a similar mistake.

Be prepared to explain why new hires earn more than existing staff

03/28/2018
If you find you have to pay more to fill open positions than incumbent employees are currently making, be ready with a good explanation for why new hires command bigger paychecks than staff members who were hired years earlier.

Post open jobs so everyone knows to apply

03/28/2018
There’s a simple way to prevent lawsuits over missed promotions. Post all internal opportunities and encourage all employees to apply. If you don’t, workers may sue, alleging that the real reason they were denied a promotion was because of some kind of illegal discrimination.

Have a good reason for acting? Stick with it!

02/27/2018

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Acting fast to stop harassment brings quick end to lawsuit

01/03/2018

Employers that take prompt action after learning about sexual harassment generally won’t be held liable, as long as the harassment actually stops.