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Employment Law

You don’t need to accommodate totally disabled workers

09/01/2005
Issue: How to handle employees who claim disability benefits but also want ADA-related job accommodations.
Risk: Sometimes, you must offer those accommodations, sometimes you don’t. One mistake can trigger an …

Don’t make ex-Employees pay training costs

09/01/2005

Q. We’ve started requiring employees to repay the company (through payroll deduction) for training costs if they quit or are fired within one year. Are we OK legally? —S.M., Kentucky

You can cut wages for ‘Maxed Out’ employees

09/01/2005

Q. We have some employees who are earning the maximum salary for their job classifications. Can we cut their pay if we feel they’re overpaid? —D.N., Colorado

Mandatory EAP referral is legal

09/01/2005

Q. In a previous issue of HR Specialist, you said that employers can’t force employees to visit a psychologist. Our Internet policy says that if we find employees accessing pornographic Web sites, they’ll receive a three-day suspension without pay and a mandatory referral to an EAP counselor. Can we require this? —A.C., Maryland

Clarify ‘for cause’ terminations in severance-pact wording

09/01/2005
Issue: Severance agreements that deny severance payments to employees fired “for cause.”
Risk: Failing to clarify “for cause” could result in having to pay severance to people fired for blatant …

Know your ADA duty to employees with cancer

09/01/2005
The EEOC just published a Q&A document explaining when cancer is a qualified disability under the ADA and how you should accommodate employees with cancer. Reasonable accommodations may include intermittent leave, …

Personality tests: Yours may now be illegal

08/01/2005
If your job-screening process includes personality testing, review that test now to see if it includes any questions that could be considered “medical inquiries” revealing a person’s mental disability. And check …

Check bankruptcy records when employees sue

08/01/2005
If your organization is hit with an employee lawsuit, consider having your attorney check for a bankruptcy filing by the employee who sues you. If the lawsuit isn’t listed as an asset with …

Prevent retaliation: Urge managers to keep cool in face of a lawsuit

08/01/2005
When an employee makes noise about discrimination, it’s natural to become defensive. It hurts to be accused of
breaking the law, especially if it isn’t true. But don’t let a …

USERRA allows only one reinstatement, not two

08/01/2005
The federal Uniform Services Employment and Reemployment Rights Act (USERRA) says that if an employee’s military-related absences last less than five years, you must reinstate the employee to his or her …