If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?
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.
Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.
What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.
Employers with self-insured health plans should carefully monitor whether employees or their dependents using those health benefits end up suing a provider for malpractice.
Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.
