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FMLA

Got a good reason to fire worker who has requested FMLA leave? Document and do it!

05/11/2009

Some employees are under the mistaken impression that merely asking for FMLA leave means they cannot be fired. That’s simply not true. Employees who take FMLA leave don’t have greater rights than other employees.

Unable to work, ineligible for FMLA? You may be able to fire

05/06/2009

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs. Someone who is so incapacitated they cannot work can be discharged.

10 ways to stay out of legal trouble while trimming staff

05/04/2009

Even as we watch the stock market slowly recover, organizations are still laying off employees and searching for ways to cut overhead. If your organization is eliminating even one job, plan it carefully. A hasty layoff can create legal problems that cost more down the road than keeping the employee would have. Here are 10 things to consider:

FMLA error costs employer more than $100,000

05/04/2009

A federal court has awarded more than $100,000—plus enhanced pension benefits—to an employee who was fired when the company wrongly believed his FMLA leave had expired.

Insisting on ‘100% healed’ may violate FMLA rules

05/04/2009

Employees who take FMLA leave are entitled to return to their jobs, or substantially equivalent ones. Employers often want a return-to-work certification to show that the employee is healthy enough to come back. But it can be risky to insist that the employee return without any restrictions at all …

Navigating the complexities of a layoff to avoid unnecessary risks

05/04/2009

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

25 Off-Limits Interview Questions

05/01/2009
White Paper published by The HR Specialist, copyright 2009 ______________________ Job interviews present a minefield of legal problems. One wrong question could spark a discrimination lawsuit. That’s why you should never "wing it" during interviews. Instead, create a list of interview questions and make sure every question asks for job-related information that will help in […]

The 10 Employment Laws Every Manager Should Know

04/28/2009
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

EEOC issues employer best practices on work/family balance

04/28/2009

A new EEOC document spells out the best practices employers should follow to avoid discriminating against workers who care for ill family members, an issue that’s especially critical in a down economy. Follow our links to download your copy of this important EEOC guidance.

Route all requests for FMLA leave through HR

04/27/2009

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave …