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Employment Law

Disciplinary mistake? Set it right—pronto!

11/27/2009

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean a long and expensive lawsuit. On the other hand, courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and take real measures to make sure any potential negative effects of a disciplinary action have been removed.

When religious needs conflict with schedule, shift swaps may be reasonable accommodation

11/25/2009

Many employers make it easy for employees to swap shifts if they consider their hours undesirable or inconvenient. Employers may do this by preparing the schedule well ahead of time and posting it where employees can easily see it. That makes it easy for management to know who is swapping with whom and to approve swaps arranged between employees. A shift-swap policy may also be all you need to win a religious accommodation lawsuit.

Consult attorney to prep for unemployment comp hearing

11/25/2009

When challenging an unemployment compensation claim, talk to your attorney before the hearing. You don’t want anything you say at the hearing to be used later as evidence against you.

Frustration with accent doesn’t constitute bias

11/25/2009

Employees who sue their employers over alleged national-origin discrimination have to do more than show that their employer was frustrated with the employee’s inability to communicate.

Penn National pays out $75,000 for disability bias

11/25/2009

HWCC-Tunica Inc., a subsidiary of Penn National Gaming, is settling a lawsuit that alleged disability discrimination against a dealer at its Hollywood Casino Tunica in Mississippi.

2008 collapse drops $500,000 in fines on mine operator

11/25/2009

The U.S. Department of Labor’s Mine Safety and Health Administration has issued five citations to UAE Coalcorp Associates following its investigation of a fatal 2008 mine roof collapse at Harmony Mine in Northumberland County.

Can we ask about an applicant’s HIV status?

11/25/2009

Q. Is it legal to ask medical questions of applicants—specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?

Are we on the hook for seasonal employees’ unemployment compensation claims?

11/25/2009

Q. If our company hires seasonal employees for the holidays and then releases them after the Christmas rush, will we be responsible for any unemployment insurance claims as the workers’ last employer?

OK to label attendance an essential function

11/24/2009

It seems logical—employees who can’t come to work won’t be able to perform the essential functions of their jobs. It may be possible to accommodate some disabled employees by letting them work from home, but that’s not true of most jobs.

Calm is key when handling chronic complainers

11/24/2009

Some employees are natural complainers. They can and will find something to gripe about, no matter what. If one of your employees fits that mold and files incessant EEOC or internal complaints, how you handle those can mean the difference between a mildly annoying pain in the neck and a lost lawsuit. How? Chances are, chronic complainers won’t be able to make a solid case that they’ve suffered discrimination. But if you decide to punish her, she may have a retaliation lawsuit.