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Alabama

Always assume termination will be challenged

03/01/2012

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.

Courts: Don’t make us second-guess your decisions

02/13/2012
The 11th Circuit Court of Appeals has made it clear that it isn’t interested in interfering unnecessarily with management decisions … The lesson here is that as long as you have a rational reason for discharging an employee, chances are your decision won’t be questioned.

Post promotion opportunities to avoid needless litigation

02/13/2012
Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.

Bullet-proof your promotion process: Tell everyone to forward notes and documents to HR

02/13/2012
When it comes to promotions, courts want employers to be honest and fair. Otherwise, they won’t interfere—unless the employer has no records to back up its promotion decisions or show how its decision-making process worked.

Court rules on early FMLA protection: Never fire for requesting leave in advance

02/13/2012
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.

Don’t take malingering employee’s bait: Calling in sick shouldn’t trigger FMLA query

02/13/2012

Some employees believe all they have to do to invoke FMLA leave protection is call in sick and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

How to make ‘one rule’ discipline work

02/01/2012
If you want to streamline your employee manual and disciplinary process, you may be tempted to create one general misconduct rule. It might state, for example, “Violating company policies can result in discipline, up to and including termination.” But before you adopt such a rule, make sure HR is ready to administer it.

Reassignment to new position might be retaliation

01/12/2012
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.

Have minimum promotion standards? Use them–or risk discrimination lawsuit

01/12/2012

Before you authorize hiring or promoting a candidate who doesn’t meet the minimum requirements for the position, consider the potential for litigation. The fact is, if an employee or applicant who does meet the requirements belongs to a different protected class than the worker who got the job, you could wind up facing a lawsuit.

Older worker pay maxed out? That’s not bias

01/12/2012
If your company has a top pay level for each job classification, you probably end up giving some older workers smaller raises than less-tenured employees. That’s fine as long as you can explain that the difference is because of your wage schedules, not age discrimination.