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Employment Law

Tell employee as soon as you make decision to terminate

07/14/2008
Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …

Investigate even when employee complains belatedly

07/14/2008

When it comes to reporting sexual harassment, employees have an obligation to use their employer’s complaint process, even if doing so may be uncomfortable. If they don’t, they may lose the right to sue for a hostile work environment. But what happens if an employee has tolerated mild harassment for years without complaining? …

Be ready to justify different punishment for like offenses

07/14/2008
The cardinal HR rule is that employees who break the same rule should receive similar punishments. That doesn’t mean, however, that you have no flexibility if the circumstances warrant it. You just have to make sure you can justify why you disciplined one employee differently than another …

Understand the ADA basics: Diagnosis not always equal to disability

07/14/2008
We hear and read that Americans are developing diabetes, heart disease, obesity, high blood pressure and other health problems at an alarming rate. But it doesn’t follow that large segments of the workforce are disabled and entitled to ADA accommodations for their ills.

It’s OK to ask questions about applicant’s ability to do specific job

07/14/2008
Tell your hiring managers the good news. They can question an obviously physically challenged applicant’s ability to perform a specific job without risking a successful disability discrimination lawsuit based on regarding the applicant as disabled. The key is to stick to questions related to the exact position the applicant seeks …

Don’t sweat innocent mistakes when deciding on disciplining

07/14/2008
Good news: You don’t have to be perfect when disciplining employees. As long as you can show you acted in good faith, you don’t have to worry that a court will second-guess your disciplinary decisions …

The dastaar worked in ‘Aladdin’

07/14/2008
Musician Sukhbir Channa has filed a $1 million class-action lawsuit against Walt Disney World, claiming the park denied him employment because his Sikh religion requires him to wear a beard and a dastaar, or turban …

Assistant sues judge for age, disability discrimination

07/14/2008
Barbara Tomlinson, a former judicial assistant, has filed an age and disability discrimination charge against Hillsborough County Judge Joelle Ann Ober. Tomlinson worked for Ober for 11 years before quitting in February …

What you need to know about Florida’s new Guns at Work Law

07/14/2008
Last April, the Florida Legislature passed the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008. Many call it by a much less official name: the Guns at Work Law. The law expands employees’ rights to transport lawfully registered firearms in their vehicles even if they are traveling to work …

Is intermittent leave for childbirth OK? Only if you agree

07/11/2008
Here’s an uncommon FMLA question: Can a new father or mother return to work part time, taking intermittent FMLA leave? The surprising answer is no—unless the employer OKs it …