• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Can you fire a poor performer who’s on FMLA leave?

04/01/2004

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

How to prevent religious discrimination at work

04/01/2004
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Smoke out users who try to beat your drug tests

04/01/2004
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with …

Employee ‘odor policy’ must pass the smell test

04/01/2004
Issue: Can you tell an employee to take a bath? Risk: You risk a discrimination claim because, unlike other grooming-policy issues, odor lies in the eye (or nose) of the …

Your ‘so-so’ employee is on leave; can you keep his replacement?

03/01/2004
It’s not uncommon to realize that employees on Family Medical Leave Act (FMLA) leave aren’t as productive as their temporary replacements. That puts you in the sticky situation of wishing you …

‘Willful’ violation can extend employees’ time to file FMLA suit

03/01/2004
Typically, employees can file Family and Medical Leave Act (FMLA) lawsuits no later than two years after the alleged violation. But if a worker can prove that your organization “willfully” violated …

Err on the side of stating the obvious in job descriptions

03/01/2004
It’s clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says “No,” you …

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

You can monitor workers’ e-mail, but notify them first

03/01/2004
Employees won’t sue you for snooping in their e-mail if you make it clear (early and often) that it’s not their e-mail. It’s your property, and you hold the right to …

Workers’ religious beliefs don’t trump your need for a bias-free workplace

03/01/2004
Employees are clearly entitled to their own religious beliefs. But your organization doesn’t need to bend the rules to allow those beliefs to interfere with the rights of other employees.
…