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Employment Law

Don’t bad-mouth terminated employees

07/06/2009

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.

No unemployment comp for job lost due to absenteeism

07/06/2009

An Ohio appeals court has issued a common-sense decision that shows you have the right to expect employees to show up for work. It said that absenteeism is just cause for termination and disqualifies the employee from getting unemployment benefits.

Can we terminate a no-call/no-show employee?

07/06/2009

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

When can we legally dock employees’ salaries?

07/06/2009

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Protecting computers from ex-employees

07/06/2009

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?

Miscalculated FMLA? Just let employee know

07/03/2009

It’s easy enough to do. While calculating an employee’s remaining FMLA leave, you make a mistake and tell the employee he has to return by a certain day when in fact his leave expires earlier. How can you fix the problem if you discover it while the employee is out on leave? Just let him know that you made a calculation mistake and give him the correct information—before he has to return.

New Supreme Court ruling redefines boundaries of race discrimination

06/30/2009

In what some employment law attorneys are calling one of the most important employment law cases of the decade, the U.S. Supreme Court ruled on June 29 that the city of New Haven shouldn’t have thrown out promotion test results of all firefighters just because it feared the test would have a disparate impact on black firefighters. What’s the practical impact? Read on …

Lessons from SHRM: Plaintiff’s lawyer reveals trade secrets HR pros need to know

06/30/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but this one did. Learn what she fears most when staring down an employer in court.

Track résumés: More applicants = more suits

06/26/2009

If you have a fairly informal application process, now’s the time to firm it up. The prolonged economic downturn means you’re receiving many more applications and résumés than normal. And that means more potential for lawsuits from unsuccessful job-seekers.

Debate heats up over health reform, taxing benefits

06/26/2009

Congress and the Obama administration began laying the groundwork last month for an overhaul of the U.S. health care system. The big question: How to pay for it?