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Employment Law

Document belligerence during hiring process

01/29/2019
If you ever encounter an applicant so difficult that you suspect she might become a disruptive employee, document why you are concerned. If she later sues, you will be able to describe exactly what happened.

They’re independent contractors! NLRB ruling limits gig workers’ right to form or join a labor union

01/28/2019
In a big win for employers, the National Labor Relations Board has adopted a broad definition to distinguish independent contractors from employees, making it difficult for contractors to form or join a union.

ADA: No need to create new job as accommodation

01/24/2019
When workers need time to heal from workplace injuries, many employers accommodate temporary restrictions by assigning them to light-duty tasks until they’re ready to resume their old jobs. But if the restrictions become permanent, the employer doesn’t have to create a permanent light-duty job.

Telecommuting trouble lurks across state lines

01/24/2019
Do you allow employees to regularly work from home? Be careful if one of them lives in another state. You could be subject to that state’s jurisdiction and employment laws.

$22 mil for revoking religious accommodation

01/24/2019
In an expensive reminder of what not to do, a Florida jury has ordered a $22 million payday for a hotel employee whose request for religious accommodation was honored for six years, and then suddenly revoked.

Break the FMLA shield: Document when you began considering discipline

01/23/2019
An employee may think taking FMLA leave will prevent serious discipline such as being terminated. That strategy won’t work if you can show the disciplinary process had already begun before she asked for FMLA leave.

Don’t let disability stop legitimate discipline

01/23/2019
It’s reasonable to worry that disciplining an employee who is disabled might trigger a lawsuit. Don’t let those kinds of concerns dissuade you from otherwise legitimate discipline. Courts general allow employers great leeway to punish employees who seem to genuinely deserve it.

Prepare to show you impose discipline equally

01/22/2019
Would you be able to persuade a judge that every employee you have recently disciplined was treated the same as every other employee you have previously punished for the same infraction? It’s essential.

Beware close timing between discipline and employee’s request to take FMLA leave

01/22/2019
If you intend to discipline someone who is on or is about to go on FMLA leave, be sure everything about the disciplinary process looks legitimate and fair.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019
Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.