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North Dakota

No STD documentation? OK to discipline–or fire

06/09/2010

If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.

Stick with termination decision–and don’t hint that you’re open to reconsidering

05/14/2010
Once you’ve made the tough decision to terminate an employee, stick to it. If you let the employee talk you into reconsidering, you may end up with a lawsuit over whether a contract had been created.

PDA: No special treatment for pregnant workers

05/10/2010
As the name clearly implies, the federal Pregnancy Discrimination Act (PDA) makes it illegal to discriminate against women who are pregnant. But it doesn’t mean pregnant employees are entitled to special privileges. In fact, the PDA merely makes clear that employers must treat pregnant employees the same way they treat every other employee.

Apply zero-tolerance policy on workplace violence across the board

04/19/2010

Many employers have adopted so-called zero-tolerance rules prohibiting any kind of violence at work. The reason: Getting rid of violent employees is crucial to maintaining a safe work environment. But be careful how you enforce the rule. If you ever make exceptions, you’re asking for a lawsuit.

Hire workers through temp agencies? Be alert for religious accommodation issues

04/19/2010

Lately, the EEOC has been on a campaign to stamp out discrimination based on religion—especially discrimination related to religious dress. As part of that effort, the EEOC has focused on employment agencies, demanding that they do more to ensure that the employers they refer temporary workers to aren’t biased. Now the 8th Circuit has reined in the EEOC a bit—for the time being.

Use proactive measures to stop bias lawsuits

04/19/2010

Sometimes, all it takes to stop a potential lawsuit based on a supervisor’s poor behavior is a timely warning. Take, for example, what might happen if a subordinate believed her supervisor was targeting her for poor treatment because of her race. If HR takes a strong stance and persuades the supervisor to change her approach, then a potential lawsuit may dissolve into nothing.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

Know difference between employee, contractor

03/11/2010

Here’s some good news if you use truly independent contractors to perform work. If you have done it right, you don’t have to worry about losing an age discrimination lawsuit. But there’s a caveat: You must make sure you can easily prove your contractor wasn’t really an employee.

You don’t need to accept disabled employee’s preferred accommodation—just a reasonable one

03/11/2010

Disabled employees and their employers often disagree about how to accommodate a disability. Employees sometimes mistakenly believe that they’re entitled to the exact accommodation they prefer. That’s just not true. The fact is, an employer has the right to pick the accommodation it prefers—as long as that accommodation is reasonable.

Put your attendance and tardiness policies in writing

03/11/2010

You naturally expect people to show up for work on time. But you could get into trouble if you don’t have a written policy saying so. Having written rules makes it more likely employees will understand your expectations.