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Terminations

Employee (not you) is responsible for filing FMLA certification on time

02/01/2005
When employees take medical leave under the Family and Medical Leave Act (FMLA), you can require them to give you a doctor’s certification that confirms the medical problem. You must give …

Hiding behind staffing agency won’t protect you; temps can sue, too

02/01/2005
Don’t treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn’t protected from job-discrimination lawsuits simply because the workers affected …

Poke holes in your absence policy before a court does

02/01/2005
Issue: How consistently do you treat employee absences?
Risk: Many organizations’ attendance policies, inadvertently or not, include legally risky doublespeak.
Action: Examine your policy, looking for contradictions and inconsistencies …

Don’t retaliate against employee who is arrested; await case result

01/01/2005
When dealing with employees who’ve had brushes with the law, remember that a big difference exists between “arrests” and “convictions.”
It’s clear that you can fire employees convicted of crimes. …

You can’t base employment decision on reasons unrelated to the job

01/01/2005
You’re free to set certain terms and conditions for employees’ jobs. But make sure none of those conditions step on employees’ constitutionally protected rights, particularly rights that apply to their personal …

Abercrombie settlement: a lesson in hiring for ‘looks’

01/01/2005
In what the Equal Employment Opportunity Commission (EEOC) labels a “landmark” settlement, retailer Abercrombie & Fitch is shelling out nearly $50 million to settle three employment discrimination suits …

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …

Accommodate religious requests; don’t debate ‘sincerity’

01/01/2005
Issue: Accommodating employees’ religious beliefs and practices even though you question their legitimacy.
Risk: You’ll waste time (and potentially spark a lawsuit) by challenging a person’s religious sincerity.
Action: …

‘Equal-opportunity harasser’ defense may not save you in court

01/01/2005
You may think that if an employee subjects both male and female co-workers to the same offensive conduct, employees of neither sex can file a sexual-harassment lawsuit.
In past cases, …

Use ‘restrictive covenants’ to limit damage from staff defectors

01/01/2005
You were annoyed last week when your company’s sales manager quit. He’d been in that job for 15 years and didn’t give any notice. But today, four of your best sales …