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Employment Law

Train managers on new FMLA regulations

04/20/2009

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Banish any talk of old age, new blood

04/20/2009

A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk. Although the court has said the award should be lowered, the employee will still collect more than $6 million in compensatory damages.

Tell supervisors: Enforce attendance rules equally—or prepare for court

04/20/2009

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.

USERRA protects those who left military years ago, too

04/20/2009

Employers that use an employee’s long-ago military service against him may be liable under the Uniformed Services Employment and Reemployment Rights Act. USERRA isn’t just for those who served in Iraq and Afghanistan.

Mich. employees have 3 years to sue for bias under state law

04/20/2009

If you haven’t heard anything lately from a former employee who griped about discrimination, don’t breathe easy yet. Michigan employees have up to three years to bring claims under Michigan’s Elliott-Larsen Civil Rights Act and Michigan’s Persons with Disabilities Civil Rights Act.

Judicial oracle OKs Delphi’s cuts

04/20/2009

Back in days of yore when Delphi was set free from General Motors, it kept a promise GM had made to salaried white-collar workers: They would have free life and health insurance for the rest of their days. Then the now-bankrupt Delphi moved to discontinue the promised benefits …

Returning soldier wins $118,000 in USERRA case

04/20/2009

When Stephen Alasin returned from duty in Iraq, he expected to go back to his former job at Ecolab. When the company failed to rehire him, he filed a complaint … Ecolab agreed to enter into a settlement agreement that will pay Alasin $88,000 in back pay and $30,000 in damages.

Workers’ comp denials lead to RICO case

04/20/2009

The 6th Circuit Court of Appeals has given the go-ahead to a RICO lawsuit brought by six truckers against their employer. Traditionally, prosecutors use RICO to combat organized crime. But the truckers allege their employer, Cassens Transport Co., conspired with its claims adjuster and doctors to illegally deny them workers’ compensation benefits.

College violated law when it withdrew health care option

04/20/2009

The Michigan Court of Appeals has decided Wayne County Community College violated state law when it eliminated the traditional Blue Cross/Blue Shield plan from the list of plans available to college employees.