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Employment Law

SSA disability isn’t automatic ADA disability

12/12/2008

For years, employers tried to argue that an employee who received federal Social Security disability payments couldn’t claim she was also covered by the ADA and entitled to reasonable accommodations.

Reiterate your drug policies in wake of Prop 1 passage

12/12/2008

How Michigan’s new Medical Marijuana Act will affect employers has been hotly debated. Proposal 1, approved by voters in the November 2008 election, removed state-level penalties for registered patients who use or possess marijuana.

Ferret out bias: Ask supervisor whether he’s reported all similar incidents

12/12/2008

You probably rely on your supervisors and managers to give you all the relevant information before you make a disciplinary decision. But what if they don’t? If you don’t ask the right questions, you may inadvertently approve what ends up being a discriminatory action.

Remember, you—not employee—choose ADA accommodation

12/12/2008

Employees who need some form of reasonable accommodation to perform the essential functions of their jobs may have very specific ideas about the best way to accommodate their needs. But those may not be best for the employer. Employers are free to offer the accommodations they prefer as long as they are effective.

Public employers: Consider rights before axing protesters

12/12/2008

The relationship between government entities and their employees can get contentious. Sometimes, those employees may even protest what they perceive as poor public policy choices on the part of their employers. As long as employees follow all the rules and protest or speak out on their own time, don’t respond angrily and punish them.

An ADA accommodation that doesn’t make scents

12/12/2008

U.S. District Judge Lawrence Zatkoff gave Susan McBride, a Detroit Planning and Development Department employee, approval to proceed with her lawsuit over a co-worker’s perfume.

Coffee pot: $32. Keeping your job: priceless

12/12/2008

Under pressure to meet a shrinking budget, The Van Buren Public School District recently notified teachers that it would charge a fee for keeping small appliances in their classrooms. Teachers will have to pay $13 for a microwave, $32 for a coffee pot and $182 for a mini-fridge.

Four companies cited for worker injury

12/12/2008

The Michigan Occupational Safety and Health Administration (MIOSHA) fined four companies roughly $40,000 apiece for an accident last year while the Durant Hotel in Flint was being demolished.

Cut your risk! Have HR make firing decisions

12/11/2008

Here’s another good reason to insist that HR handle all terminations: It’s much harder for employees to sue the company for its supervisors’ alleged harassment or discrimination if the HR office has primary responsibility for discharge decisions. Here’s why …

Don’t consider FMLA absences when firing

12/11/2008

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.