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Minnesota

How to avoid being set up for an FMLA lawsuit

01/18/2023

It’s fairly common for workers facing discipline to request FMLA leave, believing that means their employer can’t fire them. It’s a way of setting up a potential FMLA retaliation lawsuit. A recent case shows exactly how employers can avoid being set up.

Beware ad hoc accommodation approvals

12/13/2022

Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Conduct a self-audit before finalizing terminations

11/17/2022

There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Don’t fly solo on settlements! Call your lawyer

07/28/2022

It may be tempting to offer a disgruntled employee a quick cash settlement in exchange for her signature on a liability release. But beware: If the release isn’t properly executed, the employee might be able to sue anyway.

Intermittent leave abuse? Demand new cert

01/13/2022

Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

100%-healed policy may be automatic ADA violation

11/18/2021

When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

ADA-like process helps accommodate religion

07/01/2021

Do you know how to handle a worker’s request for a religious accommodation? If not, a recently filed case offers a lesson on how to proceed. So does the process you usually follow to accommodate ADA disabilities.

#1 reason you can’t fire worker for going #2 on office floor

03/18/2021

You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Remove unintended ‘promises’ from handbook

02/25/2021

Your employee handbook probably includes a disclaimer stating that it is not a contract. But beware: A single disclaimer at the front of the book isn’t enough, especially if other handbook language appears to make promises you are not prepared to honor.

3 lawsuit-proof alternatives to layoffs

03/19/2020

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.