Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That’s because Congress recently reauthorized the Fair Credit Reporting Act …
Issue: Courts will frown on “rubber-stamped” discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal “conspiracy” to retaliate. Action: …
Issue: Firing someone who threatens a co-worker may be worth the risk of being sued for wrongful discharge. Risk: Wrongful-discharge claims versus serious injury or even death: Which would be …
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …
Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the Fair Credit Reporting Act (FCRA) …
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …
Americans can speak their minds as they wish in many places, but your workplace isn’t one of them. First Amendment free-speech rights do not extend to the private workplace. So don’t …
Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees’ prescription use. Risk: You could spark an ADA suit by asking too many …
If employees’ on-site amorous actions are making you or their co-workers uncomfortable, don’t be afraid to tell the lovebirds to withhold their romance for more private, off-premise moments. Courts will likely …
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, …