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Employee Relations

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Discipline: Step-by-Step

09/01/2007

Q. What is progressive discipline? …

Labor Dept. draws battle lines in the great FMLA fight

09/01/2007

Chances are your employees are happier with the 14-year-old FMLA than you are.  A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report …

Nondisabled workers earn ADA protection, too

09/01/2007

Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. …

Can you consider FMLA leave in employee’s review?

09/01/2007

Q. We have an employee who takes a lot of intermittent FMLA leave for medical reasons. We are writing her performance appraisal and need to address topics such as dependability, reliability, etc. Her FMLA leaves are affecting these issues. Does the law regulate whether we can lower her performance review or merit increases based on her FMLA leave? —G.L., Massachusetts …

Discrimination, harassment, retaliation cost LAFD $6.2 million

09/01/2007

A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act …

Document discharge reasons before taking action

09/01/2007

Faced with a performance problem, too many employers seize on the first reason to discharge an employee instead of thoroughly reviewing the person’s work and documenting any problems in his or her file. That’s fine, if the firing rationale stands up to scrutiny and the employee doesn’t sue. But if the employee claims some form of discrimination, you want the reason you chose to be rock-solid …