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North Dakota

Honesty: An absolute necessity in litigation

10/10/2024

When a judge or jury finds your client dishonest, they’ve decided your fate. If that dishonesty involves lying to the court, your client may never get the chance to face a jury.

Refuse to reinstate disabled worker at your peril

08/22/2024

A federal appeals court has upheld a $1 million jury verdict that concluded an employer ignored objective medical information when it refused to reinstate a worker after a cardiac arrest.

Beware workplace bullying, now potentially grounds for lawsuit

08/19/2024

In April, the Supreme Court’s decision in Muldrow v. City of St. Louis lowered the standard for what constitutes sex discrimination. The case substantially changed the rules on what employees must prove to win a discrimination case. At the time, management-side employment lawyers predicted the ruling would unleash a flood of lawsuits. Now we have one of the first cases testing the ruling’s limits.

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024

Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

A ruff reasonable accommodation claim

07/10/2024

While it’s important to support employees’ health and well-being, accommodations should not compromise the core aspects of your business operations.

Beware bad-mouthing effective employees after they request accommodations

01/22/2024

Always keep an eye on the optics of the employment-related actions your organization’s managers take and the decisions they make. Suddenly criticizing an employee who recently sought a disability accommodation, for example, is not just a bad look; it could also trigger a costly lawsuit.

Transfer after harassment complaint is OK if the new position is comparable

05/30/2023

Employers can’t punish workers for filing a discrimination or harassment complaint. That would be illegal retaliation. But what’s less clear is what exactly constitutes punishment? Under the law, it isn’t punishment unless the employer’s action amounts to an adverse employment action.

Be prepared to explain pay disparities

02/27/2023

It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

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.