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Employment Law

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …

Handle terminations with dignity, due deliberation

01/01/2008

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises …

Tell supervisors: If you use racist language, you’re fired

01/01/2008

One of the fastest paths to a nasty race discrimination case—and all the bad publicity that follows—is for a supervisor to make a racist comment. If that supervisor is then involved in any disciplinary action against the employee, chances are those earlier comments will provide the employee with direct evidence of discrimination …

Any negative comments about work injury may lead to lawsuit

01/01/2008

It’s frustrating when an employee you don’t think is seriously injured files a workers’ compensation claim, especially months after the alleged injury. However, you must resist the temptation to react negatively—for example, by bad-mouthing the employee …

No simultaneous challenges in state and federal courts for workers’ comp cases

01/01/2008

A recent federal trial court decision means employees can’t sue to challenge the constitutionality of a Michigan workers’ compensation ruling in both state and federal courts. That’s good news for employers that now won’t have to fight it out in both courts at the same time …

No thanks on the wife, I’d rather have my job

01/01/2008

Harman Corporation, a vinyl supplier based in Rochester, hired Jeff Cole to work in its print shop in 1993. He later transferred to production and, finally, to maintenance. In 2005, one of Cole’s supervisors, Randy Fox, showed Cole nude pictures of Fox’s wife …

Granholm bars bias against transgenders

01/01/2008

Gov. Jennifer Granholm has issued an order barring discrimination against state workers based on gender identity or expression …

To google or not: Legitimate screening method or privacy breach?

01/01/2008

The popularity of Internet blogs and social networking sites such as MySpace, LinkedIn, Facebook and Friendster is causing confusion and concern for some employers. At a time when it’s easy to search the web for information on just about anyone, what steps should a reasonable employer take to investigate the background of an employee? …

Union security clauses are enforceable in Michigan—Non-Dues payer can be fired

01/01/2008

Q. I run a small warehouse facility where the employees are represented by a union. The labor contract requires all employees to pay union dues or an equivalent fee. The union has contacted me and indicated that one of my laid-off employees is not in good standing for failing to pay union dues, and has requested that the employee be discharged. Even though he is laid off, the union still requires him to pay union dues. This is a good employee, and I do not want to terminate him. Am I required to do so? …

Contract requires lengthy advance notice of resignation? It may not be valid

01/01/2008

For key personnel, it’s customary to have employment contracts specifying the terms and conditions under which the employees will work, compensation terms and other details, such as a noncompete and trade secrets clause. Plus, the agreements may specify how much notice key employees must give before they leave for other jobs. Before the contract is signed, make sure it meets with Georgia contract law …