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Alabama

Not sure employee is eligible for FMLA leave? Play it safe and assume she is

04/11/2012
Once a supervisor or manager has reason to believe an employee may qualify for FMLA leave, the company is obligated to investigate. Ignoring that obligation can be a big mistake.

No job protection for urging criminal report

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.

Place disabled worker on leave while mulling accommodations

04/11/2012
What can you do if an employee presents you with medical restrictions that limit his ability to perform essential functions of his job? If it’s clear he can’t actually do the job, you can place him on leave.

Thorough investigations win discharge lawsuits

03/30/2012
While you can fire an at-will employee for any legal reason or no reason at all, your best bet is to conduct a thorough and fair investigation. It’s much easier to persuade a judge that a discrimination complaint is meritless if you can point to records showing exactly why you fired the worker.

Don’t let complaint derail improvement plan

03/30/2012

Some employees seem to believe they can stop disciplinary action just by complaining about alleged discrimination. That isn’t true. A supervisor who has begun a push for improvement can and should continue with the effort despite the complaint. There’s no reason to worry that legitimate management amounts to retaliation.

Threatening behavior trumps employee’s disability claim

03/13/2012

Employees who are suffering from depression, anxiety or other psychological problems may be disabled, but that doesn’t mean they’re excused from following the rules. For example, employers don’t have to tolerate threats, even if the threats concern the employee’s disability.

Employee ‘had a hunch’ about bias? That’s not enough to support retaliation suit

03/13/2012
Employees who experience retaliation for complaining about discrimination don’t have to prove bias to win a retaliation lawsuit. But that doesn’t mean that a mere suspicion or hunch that an employer is discriminating is enough.

When employee’s religion conflicts with duties, explore reasonable accommodations

03/13/2012
More and more, employees claiming deeply held religious beliefs are refusing to perform parts of their jobs they believe conflict with their faith. Offering a reasonable accommodation is the best approach.

Seek ways to show worker didn’t feel harassed

03/13/2012

Employees have to prove two things when they allege they had to work in a sexually hostile environment. They have to persuade the court that, objectively, the environment was toxic. They also have to show that subjectively they felt harassed. Smart employers can attack the second claim …

A 360-degree review can be used to show process was fair

03/01/2012

Some employees can never seem to see that their bad attitudes and behaviors cause workplace problems. Confronted with complaints, they inevitably claim their subordinates or customers are wrong. When they’re finally terminated, they’re quite likely to sue. That’s when it’s handy to have a performance appraisal process that uses 360-degree reviews.