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Employment Law

FMLA leave expired? Be equitable when firing

04/07/2010
If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.

Don’t assume mentally ill employee is dangerous

04/07/2010

Employees who suffer from mental illnesses shouldn’t be treated any differently than other employees unless there is a very good reason. That means not assuming that the employee can’t function or treating him as if he were a child in need of supervision. Instead, let the employee approach you for help with accommodations. Otherwise, assume all is well.

Brace for lawsuit if ‘demotion’ involves less prestige, fewer opportunities

04/07/2010

Employees who are transferred against their will often sue for discrimination—especially if the new job is less prestigious and makes the employee feel like she has to quit. For example, in the following case, an older teacher claimed she suffered an adverse employment action when she was demoted to substitute teacher at the same time younger teachers were hired.

Use job skills test before hiring to make sure applicant is qualified

04/07/2010

It happens all the time: A manager decides to take a chance by hiring a marginally qualified applicant. Then, days later—as the new employee struggles—it becomes clear she can’t do the job. Employers have little choice but to terminate the worker. And then the former employee feels like she has little choice but to sue for some form of discrimination. What’s the best way to avoid those kinds of lawsuits?

How not to manage HR: Forget about formal hiring and promotions processes

04/07/2010
Sometimes, the best lessons are learned from the worst examples. That’s often the case with HR management. When employers make big mistakes and have to pay for them in court, other employers with good practices—that maybe need just a little tweaking—can discover what not to do.

Temp position OK during intermittent leave

04/07/2010

When employees take intermittent FMLA leave, it often causes logistical problems for employers. It’s hard to find someone to fill in during just those times when the employee is off. One solution is to find another position for the employee who’s taking intermittent leave. That way, another employee can temporarily fill her old position on a full-time basis.

Firing? Here’s when to keep manager out of it

04/07/2010

Employees who are fired shortly after complaining about a manager’s supposed discriminatory attitude may assume that the complaint led to the termination. And they’re almost sure to sue. To stop such lawsuits from going far, make sure the manager in question has nothing to do with the final decision to terminate. That’s good advice even if you don’t think he or she did anything wrong.

DOL replaces opinion letters with new ‘administrator interpretations’

04/06/2010
The Labor Department has ended its longstanding practice of issuing opinion letters to answer employers’ specific questions about complex wage-and-hour issues, replacing them with general guidance on how to comply with federal pay laws. Critics say the move marks a fundamental shift that will help employees—and harm employers.

FMLA eligibility: How serious is that serious health condition?

04/06/2010
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how? Follow this five-step process for making sure an employee’s condition is FMLA-eligible.

Can employee sue over alleged ‘promised’ pay?

04/06/2010
Q. We have an employee who insists that he was told when he was offered the job that he would earn at least as much as he earned in his last job. There is nothing in writing. Can he sue us?