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Employment Law

Unable to work, ineligible for FMLA? You may be able to fire

05/06/2009

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs. Someone who is so incapacitated they cannot work can be discharged.

Employers: ‘Keep Out!’ Beware intruding in employee web sites

05/06/2009

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? A series of new laws and evolving legal doctrines have placed limits on how far an employer can encroach on the private and off-site activities of its employees.

What to do if boss pushes you to hire his unqualified friend

05/05/2009

Say a company exec asks you to hire his relative or friend, or he not so subtly urges you to give the application “strong consideration.” You want to reject the candidate because he’s obviously unqualified. But you don’t want to commit career suicide. What do you do?

A gray area: What to do when older workers start to coast

05/05/2009

When employees approach retirement, they sometimes go on autopilot, frustrating everyone involved, including co-workers and supervisors. But you can demand productivity from such employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims.

Minor adjustments: How to comply with federal teen labor rules

05/05/2009

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

Building supplier settles bias case for $495,000

05/05/2009

White Plains-based Marjam Supply, a building supply company, has agreed to pay $495,000 to settle the complaints of five black employees. The five filed charges with the EEOC, charging the supervisors repeatedly used racial slurs, talked about joining the Ku Klux Klan and threatened to burn crosses on the workers’ lawns.

7th Circuit reverses ‘cat’s paw’ verdict

05/05/2009

When the 7th Circuit Court of Appeals, whose decisions cover Illinois, began acknowledging the “cat’s paw” theory of discrimination, it appeared to open employers to greater liability.

10 ways to stay out of legal trouble while trimming staff

05/04/2009

Even as we watch the stock market slowly recover, organizations are still laying off employees and searching for ways to cut overhead. If your organization is eliminating even one job, plan it carefully. A hasty layoff can create legal problems that cost more down the road than keeping the employee would have. Here are 10 things to consider:

Warn bosses: No negative comments on injuries

05/04/2009

There’s a fine line between legitimate concerns that an employee is abusing the workers’ compensation system and punishing the employee who has a legitimate claim. Here’s the best way to handle the problem.

Document discipline investigation steps to show sincerity, lack of discrimination

05/04/2009

Employers that want to make sure their termination decisions stick should carefully track each step of the underlying investigation. That’s the only way they can show a court they acted in a “reasonably informed and considered” way. Here’s how to document your investigation: