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North Dakota

Rid handbooks of risky outdated policies

06/01/2006

If it’s been awhile since the last overhaul of your employee handbook, you may be courting danger. Establish a regular revision schedule for your handbook, updating it once a year or whenever significant statutory changes occur …

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …

Explicit Sex Talk by the ‘Victim’ Can Be Used as Harassment Defense

05/01/2006

If an employee claims she was sexually harassed but the evidence shows that she gave as good as she got, you have a good defense in hand. As a new ruling shows, employees’ sexual statements can be used against them when they sue for sexual harassment …

Beware Discrimination Risks of Promoting ‘Acting’ Supervisors

04/01/2006

Although it may be tempting to let unproven employees "try out" a promotion to see if they’ll work out, be careful of the hidden legal risks. If you treat the acting supervisor differently than other promoted employees, you could end up on the wrong end of a discrimination suit …

Avoid Impromptu Job Reviews; It’ll Look Like a ‘Paper’ Job

01/01/2006

Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee’s file in advance of a retaliatory firing, which won’t look good in court …