05/16/2012
OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village driver who reported that his truck had brake problems.
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05/10/2012
Employers have the right to expect their employees to be honest. When an employee is fired for lying about being sick and missing work, the employer won’t be liable for unemployment compensation payments.
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05/10/2012
When supervisors act out of anger or ignorance, the result is seldom good.
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05/09/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.
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05/04/2012
File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.
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05/04/2012
You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment. Be prepared to show exactly why you terminated him.
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04/27/2012
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.
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04/25/2012
Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.
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04/24/2012
Intermittent FMLA leave can be a pain, especially in industries where attendance is crucial. That’s particularly true in nursing and related fields. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right merely because it’s inconvenient for employers ...
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04/19/2012
Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.
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04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.
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04/12/2012
In Minnesota, employees who suffer from a serious illness can still collect unemployment compensation if they ask their employers for an accommodation. If none is available, then the employee can collect benefits if he can’t work. But employees must tell their employers about their medical condition.
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04/11/2012
In a recent case, the 11th Circuit Court of Appeals has refused to extend protected status to an investigator who wanted her company to go further than it was willing to after it discovered sexual harassment.
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04/09/2012
Employers have an obligation to make sure employees know what kind of performance is expected of them. Under no circumstances should you wait until you’re ready to discharge the employee to put criticism in writing. That creates the suspicion that you came up with reasons as a cover for illegal discrimination.
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04/05/2012
Highmark Blue Shield has terminated its CEO in the wake of criminal charges that he attacked the husband of a former employee with whom he was having an affair.
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