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Employment Law

Supreme Court: Illegal workers aren’t due back pay

05/01/2002
Immigrants who work in the United States illegally can’t claim the same rights to restitution as U.S. citizens when they are mistreated on the job, the U.S. Supreme Court ruled last …

Employee’s resignation stops your FMLA obligation

05/01/2002

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before her resignation. Are we under any obligation to return her to a position she resigned from? Are we obligated to offer her a job when FMLA expires? —T.K., Massachusetts

FMLA Won’t Cover Tardiness

05/01/2002

Q. Some of our employees routinely ask to use FMLA when they are five, 10 or 15 minutes late. It creates a scheduling nightmare and hurts morale. Does FMLA cover employees who are consistently tardy for work? —M.P., Florida

Post Job Openings In-House

05/01/2002

Q. We rarely post high-level management jobs internally. Must all jobs be posted internally so that someone can’t file suit claiming “pre-selection” or that he never had a chance to apply? —K.L., California

Vacation Accrual Isn’t Required During FMLA Leave

05/01/2002

Q. I’m under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we’re not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin

Notification error doesn’t extend FMLA rights

04/01/2002
Your company no longer has to worry about giving extra leave to an employee if you fail to designate the employee’s leave as counting toward her Family and Medical Leave Act …

Don’t use nepotism policy as smoke screen for bias

04/01/2002
Paul Yancey Sr. began working for the railroad in the 1960s and rose to the position of general maintenance foreman. In 1993, his son, Paul Jr., started working there, too. But …

High court lowers hurdle for employees in job-bias claims

04/01/2002
In a pair of recent decisions, the Supreme Court made it easier for workers to bring bias claims against their employers. Case 1. The Supreme Court said the 2nd Circuit …

Quality checks of phone calls don’t give you license to eavesdrop

04/01/2002
An administrative sales assistant at an insurance agency quit after learning that her personal phone calls were being monitored and recorded by her company through a hidden tape recorder. …

Firing harassers is OK, even without formal company policy

04/01/2002
Machine operator Louvenia Hall complained that a co-worker repeatedly harassed her. When the company investigated, it found that Hall had returned the favor by harassing him, too. The company’s solution: Fire …