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California

Employee doesn’t want FMLA leave? Court says you can’t force the issue

03/27/2014
When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Are you liable for boss bias outside work?

03/27/2014
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.

Negotiating return to work? Don’t rush firing

03/27/2014
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

When can we order a drug or alcohol test?

02/26/2014
Q. An employee sometimes shows up looking like he came from a party, with glazed eyes and slurred speech. Can we make him take a drug or alcohol test?

Must we hand over final paycheck, or is it OK to put it in the mail?

02/26/2014
Q. One of our employees is resigning at the end of the month. Can we mail her final paycheck?

San Diego temp agencies settle multiple bias complaints

02/26/2014
Sedona Staffing and several associated firms have agreed to settle a flurry of discrimination charges with the EEOC.

Sometimes you can require repayment out of last check

02/26/2014

Do you offer a store credit card to your employees? If so, you likely want any balance due repaid if the employee quits or is fired. You may be able to get the employee’s agreement to repay the balance on termination out of his or her vacation or sick account balance.

You’re not responsible for what happens after firing

02/26/2014
Recently, lawyers representing former employees have been pushing the envelope in thinking of new ways to make employers pay big bucks. Fortunately, courts aren’t accepting some novel arguments, like the one in the following case.

Employee representing himself? Take it just as seriously as any other lawsuit

02/26/2014

Some employees end up suing their employers without an attorney’s help. That doesn’t mean you should follow suit and treat the case lightly. While it may seem like a slam-dunk case, chances are the court will give the employee several chances to present his best argument.

Cite solid reason for termination to beat bias lawsuit based on statistical argument

02/26/2014
Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.