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Alabama

Justify different penalties for like violations

12/03/2009

When it comes to discipline, equal treatment is the only safe way to go since you don’t know which employees might sue for alleged discrimination based on membership in a protected class. That doesn’t mean, of course, that you can’t come up with different punishments when the circumstances warrant. The key is to document why you punished one employee more severely for seemingly similar rule violations.

Don’t let chronic complainer scare you from legit discipline

12/01/2009

Some employees see discrimination everywhere and constantly complain. How you react can mean the difference between winning and losing a lawsuit. Keep cool no matter how often the employee runs to the EEOC. Focus on his work, not the complaints, and treat him like every other employee.

No matter how ill-advised the order, insubordination can be a valid discharge reason

11/09/2009

Sometimes employees balk at following their supervisors’ directions—especially when they consider an order ill-advised or even stupid. But the underlying wisdom of the directive doesn’t excuse an employee’s angry reaction. He or she can still be terminated for insubordination if he responded inappropriately.

Review postings to be sure they’re up-to-date

11/09/2009

Now is a good time to make sure you have properly posted all required workplace notices where employees can see them. Take inventory and update any posters that have changed as a result of new laws and regulations.

Even if managers go rogue, you can defend terminations by conducting independent review

10/13/2009

You can preach your zero-tolerance policy on discrimination and retaliation until you’re blue in the face—and sometimes it still makes no difference. Occasionally a supervisor will say or do something stupid that gets the company dragged into court. However, there are steps you can take to avoid liability.

Helping worker dodge jury duty with medical excuse doesn’t amount to disability

10/13/2009

Here’s a novel twist on the ADA violation of regarding someone as disabled. The 11th Circuit Court of Appeals has ruled that an employer doesn’t necessarily consider an employee disabled just because a manager uses a health-related excuse to help a worker get out of jury duty.

Offensive employee? Go ahead and fire him

09/14/2009

Isolated comments may not create a hostile work environment, but they can mushroom into a bigger problem. That’s especially true if you don’t discipline those who offend. What to do: Don’t wait until you have a full-blown hostile environment on your hands. You can terminate the offender before harm is done.

Track rationale for all salary increases

09/14/2009

Employees who discover their colleagues are making more money for doing the same work often conclude that there can be only one reason—discrimination. Next stop: the office of an attorney, who will try to confirm the pay bias by comparing the disgruntled employee’s protected class status to those earning more.

Don’t nickel and dime ADA accommodations: Everything can’t be essential to the job

09/14/2009

Employers sometimes think they can get around the ADA requirements by calling every task in a job description “essential.” They hope they’ll be able to exclude anyone who can’t do absolutely every aspect of the job. But that strategy can backfire badly because not every task is essential.

The pendulum swings back: More courts hesitate to interfere with minor job changes

09/14/2009

Shortly after the U.S. Supreme Court made it easier to prove retaliation by lowering the standard for what it would consider an adverse employment action, courts were finding retaliation in seemingly minor management decisions. As the following case shows, that’s not happening as much anymore.