• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

California

Consider ADA if sick worker needs more leave

03/20/2013
Employees who are temporarily unable to perform their jobs because of a disability are entitled to reasonable ADA accommodations. You’ll want to think about starting the interactive accommodations process as soon as a potentially disabled employee asks for more than the usual amount of leave.

If employee refuses to cooperate with investigation, feel free to fire

02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all em­­ployees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option …

Are there special California rules that dictate how we use employment applications?

02/20/2013
Q. Are we required to use an application for prospective applicants and if so, what information must we in­­clude? What information should we leave off our application?

How does California law affect hiring?

02/20/2013
Q. For the first time in a while, we need to hire new staff. What issues should we take into account during the recruiting process?

NLRB requires Oakland employer to release confidential docs

02/20/2013
In a potentially far-reaching decision, the National Labor Relations Board has ruled an employer must turn over confidential employee witness statements to a union as part of a grievance procedure.

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Court nixes temp restraining orders for bias complaints

02/20/2013

Employees’ attorneys have come up with a unique way to interfere with an employer’s right to fire employees. Workers who fear that they’re on the verge of being fired are seeking temporary restraining orders to stop the discharge. Fortunately, not all judges are going along with the ploy.

No need to accommodate when absence goes beyond all paid, unpaid leave

02/20/2013

You have probably read that once a disabled employee has exhausted his FMLA and other sick leave, you should still consider offering a brief leave extension as a reasonable accommodation. That’s true to a point. However, once you have allowed additional leave and the employee still isn’t cleared to return to work, it may be time to terminate him despite his disability.

Worker has ADA-covered disability? Disclose only to those who need to know

02/20/2013

Employees asking for ADA disability accommodations often end up providing very private details about their health. Carefully guard that information so only those who have a real need to know about it are privy to the employee’s condition. That means you should establish a strict protocol for distributing health-related information.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.