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Employment Law

Beware temptation to overstate fired worker’s faults

03/01/2008

Firing an employee is never easy, but there’s no reason to try to justify your decision by piling on a litany of reasons to discharge a poorly performing employee. That just complicates the process. Chances are, a court won’t second-guess you if you simply stick to the strongest reason you have for the firing …

Accommodations working? Then avoid sudden change of heart following injury

03/01/2008

Disabled employees who receive ADA accommodations expect those accommodations to continue even after an unrelated minor injury. If you suddenly remove the accommodation, you may find yourself facing a “regarded-as-disabled” lawsuit …

Track training opportunities, participation to show you don’t discriminate

03/01/2008

Employees who belong to a protected class often sue for discrimination if they feel they have been denied training and education opportunities. That’s why you should carefully track what training courses or experiences you offer, the minimum qualifications for each opportunity and who ends up taking advantage of each one …

Veteran finds hostile environment at Lockheed Martin

03/01/2008

Lockheed Martin will pay $2.5 million to an electrician for harassment he suffered at the hands of co-workers, including threats of lynching and use of the “n” word …

FMLA expansion to military families approved

03/01/2008

For the first time since it became law in 1993, the FMLA has been amended. President Bush signed H.R. 4986 in January, granting FMLA-protected leave to family members of injured military personnel and to families of military reservists called to active duty …

Dealership heads to court in male/Male harassment case

03/01/2008

 The male Internet manager at Belle Glade Chevrolet-Cadillac-Buick-Pontiac-Oldsmobile Inc. and Plattner Auto Group is suing the company over sexual harassment by a male co-worker who eventually became his supervisor …

Court finds Hillsborough County did not discriminate

03/01/2008

 A counselor for the Hillsborough County Children’s Services Department (CSD) lost her disability discrimination case against the county in U.S. District Court for the Middle District in Tampa …

Unreported tips could spell high workers’ compensation payout

03/01/2008

Employers and employees in cash businesses often bluff, wink and nod their way around the edge of wage-and-hour law legality. But when it’s time to settle workers’ compensation claims, all the cards must go on the table. A recent Florida workers’ compensation case shows just how wrong things can go when employers give their employees unrequested advice on reporting income …

Time off for binge drinking doesn’t qualify for FMLA leave

03/01/2008
Employees who are alcoholics may be disabled under the ADA and are entitled to reasonable accommodations for treatment. That treatment also qualifies the employee for FMLA leave. But it doesn’t mean you have to tolerate or forgive unauthorized absences to indulge an alcoholic binge …

You can’t eliminate job because others filled in during FMLA leave

03/01/2008
The work doesn’t stop just because an employee takes FMLA leave. As a practical matter, the employer must redistribute the absent employee’s work among the remaining staff. If that goes well, you may be tempted to cut the position entirely. Before you eliminate that position, consider the following case …