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North Dakota

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.

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.

#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.

Equal pay: Document how and why jobs differ

07/11/2019
The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

Don’t assume disability because of prescription

03/13/2019
If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.

Missed EEOC deadline doesn’t rule out lawsuit

03/12/2019
If you haven’t heard from a former employee by the time the EEOC’s 180-day deadline for filing a complaint passes, you can probably safely assume the termination won’t turn into a discrimination lawsuit. However, there is one way a former employee can revive her chance to sue.

Without FMLA notice, no FMLA leave required

02/22/2019
Employees have to let their employers know when they need FMLA leave. Although they don’t have to specifically mention the FMLA, they do have to pass on enough information so the employer can reasonably understand that’s what the employee is requesting.

No absolute requirement to notify laid-off workers that their jobs are open again

02/22/2019
Sometimes, workers who are laid off are told they’re eligible for rehire. But absent a specific promise to call if there’s a job opening, employees can’t wait months or years to complain about discrimination when they discover the job was open and someone else filled it.

Indefinite leave not reasonable accommodation

02/22/2019
Under the ADA, employees who are disabled and have used up all available leave (such as sick leave and FMLA leave) may be eligible for more time off as a reasonable accommodation. But the right to additional unpaid leave isn’t unlimited.

Sometimes, it’s impossible to accommodate disability

02/04/2019
There are limits to what’s considered a reasonable ADA accommodation.