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

Employment Law

Employee won’t give up FMLA info? That may be willful misconduct

02/02/2015
Employees fired for willful misconduct aren’t eligible for unemployment compensation. But what is willful misconduct? The term is broad and can include all kinds of behavior, such as refusing to cooperate with an employer’s rea­­sonable request for information.

Remind supervisors: What you say in emails can and will be used against you in court!

02/02/2015
If an employer is sued for discrimination, harassment or retaliation, chances are all emails related to the employee will be shared with the em­­ployee’s attorneys. Anything said in those emails can then be used against you to prove discrimination—or that you tried to set up the employee for discharge because she filed a discrimination complaint.

Tell bosses: Don’t query medical appointments

02/02/2015
Warn supervisors that they shouldn’t comment on the time that employees take off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.

Require employee to call HR during FMLA leave

02/02/2015
There are ways to discourage FMLA leave abuse. One is to make taking leave just a little inconvenient by requiring more than a simple call-in. You can, for example, require the employee to notify both his supervisor and someone in the HR or benefits office. That’s perfectly fine as long as everyone on intermittent leave has to do the same.

Never tie performance problems to disability

02/02/2015
Warn bosses that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the worker has or hasn’t accomplished and how that compares to your standards—not on underlying reasons for success or failure.

Converting employees into contractors? Prepare for expensive, protracted litigation

02/02/2015
Here’s a warning for employers thinking about turning employees into independent contractors to avoid paying benefits and payroll taxes: If some of the employees challenge the decision, you may be in for years of expensive, time-consuming litigation. That can easily turn a penny-pinching strategy into a money pit.

Pregnancy Discrimination Act

01/30/2015

HR Law 101: The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” Employers can’t deny a woman a job or a promotion merely because she’s pregnant or has had an abortion …

4 legal issues employers must watch in 2015

01/28/2015
Employers face difficult compliance issues every year, but according to Ogletree Deakins attorney Diane Saunders, four areas now deserve special attention.

Always discuss disability accommodations; the ADA ‘interactive process’ is mandatory

01/28/2015
When employees want to return to work with restrictions after an illness or injury, it may seem impossible for them to perform the essential functions of their jobs. But never instantly dismiss the possibility without talking to the employee.

What notice must I give California employees upon termination?

01/26/2015
Q. As a California employer, what forms and notices am I required to provide to employees I discharge? Also, are the forms and notices due immediately upon termination?