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Employment Law

Warn bosses: One comment could ignite racial case

08/14/2009

Remind supervisors that any comments they make about race or another protected characteristic can come back to haunt the company. It doesn’t much matter whether the comments come before or after a termination decision has been made.

Drug-tested employees may have second chance to sue

08/14/2009

Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test. That doesn’t mean the testing company can’t be sued.

EEOC says Scrub snubs blacks

08/14/2009

According to the EEOC, Scrub Inc., which cleans commercial airplanes that land at O’Hare International Airport and provides janitorial services at other large Chicago-area facilities, discriminates against black job applicants.

State Supreme Court: Public employment contracts are public

08/14/2009

The state Supreme Court has ruled that the Illinois Freedom of Information Act (IFOIA) covers the employment contracts of public officials. The case involved an IFOIA request for school superintendent Gary Catalani’s employment agreement with the Wheaton-Warrenville Community Unit School District 200.

Federal court defines limits for FLSA retaliation lawsuits

08/14/2009

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

Pilferage problem: Can we require all our warehouse workers to take lie detector tests?

08/14/2009

Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Is drug abuse an ADA disability?

08/14/2009

Q. I suspect that an employee is using illegal drugs. Does drug use qualify as a “disability” under the ADA? Do I have to provide the employee with a reasonable accommodation? Or can I terminate his employment?

Keep careful track of work-restriction notes

08/13/2009

Some bosses are visibly irked when they receive a doctor’s note restricting the work an employee can perform. If the employee notices that reaction and then gets disciplined or fired, watch out for a lawsuit! Her attorney will probably try to link the timing of the doctor’s note and the adverse employment action as proof of discrimination or retaliation.