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North Dakota

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

Employees fighting? Sort out facts, punish accordingly

06/01/2012
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.

Suspect relative’s illness is used to game FMLA? If true, you’re free to discipline or terminate

05/10/2012

The FMLA allows employees to take up to 12 weeks of unpaid leave to care for a parent with a serious health condition. But it’s not unheard of for employees to take advantage of the FMLA by getting time off, but then not spend it caring for mom or dad. If you learn that your employee is cheating the system, feel free to discipline him.

How to handle partial-day absences under FMLA

05/10/2012
Sometimes, an employee needs just a few hours of FMLA leave, for example, to make a doctor’s appointment or to drive a relative to treatment. The employee may find it more convenient to take the entire day off, but you don’t have to allow it. Should the employee not return after the appointment, you are free to treat the absence as unauthorized.

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012
You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding ­workers outside their protected class who were treated more favorably than they were.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012
Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.

Beware overly broad drug policies, which could violate ADA rules about revealing a disability

03/14/2012
The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.