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Employment Law

Avoid shifting explanations for termination

05/13/2009

One of the worst things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale—a performance problem or rule violation, for example, or perhaps a business downturn—and document that decision and all the supporting evidence.

Don’t let diagnosis alone determine disability

05/13/2009

Here’s a common mistake that even the most experienced HR pro could make: An employee submits an ADA reasonable accommodations request that lists a serious-sounding condition as the disability that should be accommodated. Without further investigation, you start talking about possible accommodations. If that’s your approach, you’re missing out on an opportunity to delve deeper into whether the employee is, in fact, disabled under the ADA.

Firing Guard or Reserve member? Better show you would have taken action despite service

05/13/2009

Members of the military have greater on-the-job protection than many other employees—including the right to return to their former jobs following a period of active-duty service. They also have the right not to be terminated or otherwise punished for being part of the armed services and taking military leave.

Settling case? Prevent a second lawsuit by including promise not to reapply

05/13/2009

When you settle a lawsuit involving discrimination or some other employment matter, you typically want that to be the end of it. But what if the former employee applies for an open position? Avoid a second lawsuit by including a condition in the settlement that bars the employee from ever seeking employment with the company again.

You can discharge if there’s no way to tell when employee will return to work

05/13/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return. As long as the employee isn’t covered by the FMLA (in which case, she is entitled to 12 unpaid weeks of leave), you can terminate the employee without violating the ADA.

Warn bosses: Don’t promise job if they don’t have the authority

05/13/2009

Here’s a reminder for all your supervisors and managers when they are interviewing and selecting potential employees. Tell them they must never promise a job before getting approval. Doing so may mean a lawsuit if the applicant relies on the promise to his detriment.

Reassignment to new location may not violate FMLA

05/13/2009

Employees who take FMLA leave are entitled to their former jobs or equivalent ones when they return to work. But sometimes employers that operate many locations move employees around to cover for the employee on FMLA leave. They may not want to move those employees again. Can the returning employee be assigned to another location?

Male-dominated mailroom costs Star-Tribune $300,000

05/13/2009

The Star-Tribune, one of the 20 largest newspapers in the country, has signed on to a class-action settlement agreement involving two women who filed sexual harassment charges against the company. The agreement was worked out by the EEOC after two women working in the mailroom claimed they were subjected to a sexually hostile work environment.

How to prepare your workplace for a possible flu pandemic

05/13/2009

The U.S. Centers for Disease Control and Prevention have for years predicted that a virulent influenza outbreak could kill tens of thousands, hospitalize hundreds of thousands and sicken millions. Regardless of how the swine flu crisis plays out, it should be a wake-up call for employers. If you haven’t already, now is the time to undertake pandemic planning efforts.

Can we offer equity stake in lieu of pay and still comply with the FLSA?

05/13/2009

Q. We are a small start-up company. We have an office manager whom we pay $350 per week. I understand that, in order to be exempt from overtime labor laws, we would need to pay her at least $455 per week. We can’t afford to pay that amount, but are willing to provide her stock in the company. Will that help?