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Employment Law

Following harassment complaint, changing supervisors can cut liability

01/01/2008

While no employer should condone any form of workplace harassment, it isn’t always necessary to terminate the alleged harasser. After all, sometimes it may be a matter of “he said/she said,” making it tough to sort out what really happened. That’s likely if there are no witnesses. In those cases, the best move may be to separate the parties …

Does Georgia’s whistle-Blower law apply to private employers?

01/01/2008

Q. I’ve read a lot recently about a new whistle-blower law that went into effect this year. What requirements does it impose on companies doing business in Georgia? — B.N. …

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Employee’s bizarre behavior can count as FMLA ‘Notice’

01/01/2008

If you’ve never had any formal psychiatric training, maybe it’s time you put your business plan aside and register for Psych 101. Why? A recent court ruling shows how the FMLA can require you and your supervisors to play psychiatrist, too …

Do a father’s prenatal visits qualify for FMLA?

01/01/2008

Q. Does all prenatal care qualify for FMLA leave, or does the female employee need to have complications to qualify? Also, can a husband take leave for his wife’s prenatal care, such as accompanying her to an ultrasound? …

Intermittent leave and part-time status

01/01/2008

Q. Can we change an employee’s status from full time to part time if he takes intermittent leave and his hours fall below what we consider full-time work? …

Multi-Site location: Are we covered under FMLA?

01/01/2008

Q. We have nine office locations spread around the state. All of them have far fewer than 50 employees. Do we have to offer FMLA leave? …

Consider ADA before firing after 12 weeks

01/01/2008

Q. Can FMLA leave be extended beyond the 12 weeks specified in the law? What if the employee is disabled and can’t return to work right away or can come back only part time? …

Can we reclassify past leave as FMLA?

01/01/2008

Q. If we weren’t immediately aware that the employee’s leave qualified for FMLA leave, can we make his leave retroactive to the first day he took off for the condition? …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …