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Employment Law

When to say ‘No’ to disability accommodation requests

04/01/2007

Federal law (specifically, the ADA) says you must accommodate a person’s qualified disability, but that doesn’t mean you must say “Yes” to every accommodation request from every ailing worker. But it’s a tough call on when you legally can say “No.”

Michigan Employers Must Post Job-Related Injuries by April 30

04/01/2007

The Michigan Department of Labor is reminding employers that they must post employees’ job-related injuries and illnesses from 2006 …

USF Holland to pay $700,000 for race bias at Nashville plant

04/01/2007

Two black employees working in the Nashville plant of Michigan-based USF Holland recently won $350,000 each in a race-discrimination lawsuit …

No disability discrimination if worker isn’t qualified for job

04/01/2007

A hospital secretary who suffered chronic arm pain after puncturing her thumb with a contaminated pin recently lost her disability-discrimination lawsuit …

Separation agreement protects employer from age bias claim

04/01/2007

A 55-year-old employee whose job was eliminated in a company restructuring recently lost his age-discrimination case before the 6th Circuit Court. Reason: He had signed a separation agreement waiving all claims against the company …

After merger, must we hire worker who’s on FMLA?

04/01/2007

Q. We bought a company and agreed to consider hiring the seller’s employees. We interviewed and hired some of them. One of the employees was out on FMLA leave and is telling us that we have to hire him. We looked at his work record and we would never hire him. Do we have a potential problem? —R.L.B.

Can we offer wage hike to head off union campaign?

04/01/2007

Q. We are a nonunion company and obviously would like to stay that way. We gave a very modest wage increase six months ago, and we just learned that another company in the same industrial park got hit with a union organizing campaign. I think we should be proactive. Normally we review wages every 12 months, but I want to recommend to my management team that we break that cycle and do a wage increase now. Can we get in any trouble by going ahead with a wage increase now, even though it’s not in keeping with our regular practice? —C.O.

Quick fix can help avoid harassment liability

04/01/2007

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Should you pay employees to change unhealthy behaviors?

04/01/2007

Cash is king when it comes to wellness incentives. Studies show that the almighty dollar is the best motivator for employee participation in wellness activities, followed closely by reductions in health insurance premiums …

Avoid these 5 telecommuting liability pitfalls

04/01/2007
As telework’s popularity grows, so do legal concerns for employers. To lower your risks, devise a telecommuting policy that protects you on these fronts.