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North Dakota

Disability isn’t ‘get out of jail free’ card–it must be revealed before discipline

08/24/2015

Some workers who learn they’re about to be disciplined or even fired for poor behavior may try to use an alleged disability as an excuse. But if they never revealed before that they have a disability, it’s too late to try that tactic on the eve of being punushed.

Anticipate lawsuit by offering second chance, fresh supervisor to struggling employee

08/24/2015
If a marginal employee is having a hard time getting along with his boss, think about giving him a second chance with a new supervisor. It may help—and it won’t hurt if you still end up firing the employee.

Don’t tolerate ‘reverse harassment’ of supervisors

08/19/2015
Just as supervisors aren’t allowed to harass subordinates, subordinates aren’t allowed to harass bosses.

One religious comment doesn’t trump legitimate discipline

08/19/2015
Just because religion was mentioned at work doesn’t mean you will lose a religious harassment lawsuit.

Best way to beat FMLA retaliation suit: Catalog problems that justified firing

08/19/2015

The at-will employment doctrine says employers can fire employees for any reason that doesn’t violate a state, local or federal law. However, employers should always view a termination as an act that might be challenged in court. So while you may not technically need a reason, it’s always better to back up your termination decision with solid evidence of performance or behavioral problems.

Male culture can be factor in sex bias case

08/19/2015
If your workplace appears to be dominated by men—especially at the highest levels of the company—then that could hurt your efforts to defend against a sex discrimination lawsuit. Fortunately, all other factors being equal, it won’t be a game-changer.

Use it or lose it! You must enforce your call-off policy

07/22/2015

Employers have the right to set reasonable call-off requirements for when an employee will miss a shift or arrive late. Employees can be required to follow those rules. If someone doesn’t, you can discipline him—even if you approved FMLA leave for the absence. But beware: If you don’t consistently enforce the call-off rule, you may be on the losing end of an FMLA lawsuit.

Capacity, not actual pregnancy, is heart of PDA

07/22/2015
A federal appeals court has overturned a case that had been dismissed because an employee couldn’t prove that her employer knew she was pregnant. The court clarified that the capacity to become pregnant is at the heart of the Pregnancy Discrimination Act.

Of gangs, G-Men and a dogged cop: Careful discipline prevails in court

07/09/2015

Employers that take their time to discipline troublesome employees who refuse to follow the rules often make out well if that employee later sues. That’s because they will have clear and unambiguous evidence that the employee deserved the discipline—not because he was a troublemaker, but because he couldn’t follow the rules others did.

Suit filed? Arbitration pact may still work

07/09/2015
Employers use arbitration agreements to keep employment-related litigation out of the courts. But what if you don’t have an arbitration agreement in place when former employees file a wage-and-hour class action lawsuit against your company? Can you suddenly spring an arbitration agreement on current employees and expect it to work? Surprisingly, yes, according to the 8th Circuit Court of Appeals.