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Employment Law

Charging insubordination? Line up witnesses

07/09/2014

When you fire a difficult em­­ployee, there’s a good chance he or she will remain a thorn in your side. Always aim to document the incident that prompted the firing by gathering as many eyewitness accounts as possible.

Words matter when firing disabled employee

07/09/2014
If a disabled employee is about to get the ax for reasons that have nothing to do with her condition, don’t make any comments about her health. Otherwise, it could look like you really fired her because she is disabled—and it could become the basis for a disability discrimination lawsuit.

Assault & battery suits an emerging legal risk

07/09/2014
While you likely have a grasp on the definition of unlawful harassment and discrimination, have you thought about what constitutes assault and battery in the workplace?

Comments open on FMLA coverage for same-sex spouses

07/09/2014
Want to weigh in on the proposed regulations that would extend FMLA protections to same-sex spouses regardless of where they live? The Department of Labor is now accepting public comments.

Can I prohibit employees from all smoking?

07/07/2014
Q. I despise cigarette smoking, and I want to restrict my employees from smoking as much as possible. To what extent can I do so?

What’s our risk of a sexual harassment suit?

07/07/2014
Q. The vice president of my company, whom I appointed, is really a nice guy, but he has propositioned many of the female employees on multiple occasions for sexual acts in his office. He has a great attitude towards the female employees who agree, but those who refuse have been recently discharged without my consent. Is this sexual harassment?

What could a race discrimination suit cost us?

07/07/2014
Q. An employee recently filed suit claiming race discrimination. What kinds of damages can he sue for, and what compensation could he receive?

What can I do about employee who is accusing me of wrongdoing?

07/07/2014
Q. An employee of mine recently reported me after allegedly seeing me “physically harm” another of my employees. Can I discharge this employee for reporting me?

Do we have an age discrimination risk if employee can no longer perform his job?

07/07/2014
Q. Jim has been a security guard for my company for over 20 years, and has always performed his duties without problem. Since his 60th birthday a few years ago, however, Jim has become steadily less able to walk the required distances during his rounds, and has also been forgetting crucial requirements of his position. Am I allowed to discharge him?

Supreme Court rules public employee’s sworn testimony is protected

07/07/2014
On June 19, declaring that “pub­­lic employees do not renounce their citizenship when they accept employment,” the U.S. Supreme Court held that the First Amend­­ment protects a public employee’s truthful sworn testimony, compelled by subpoena.