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Employment Law

You don’t need absolute proof to fire

02/05/2014

Employees are entitled to fair treatment, but that doesn’t mean HR has to become a court of law and prove beyond a reasonable doubt that an employee did something deserving of discharge. As long as you reasonably believe an employee broke a rule or other­­wise did something deserving of discharge, a termination will stand up to a legal challenge.

Telling employee to reschedule her doctor appointment: Is that legal under the FMLA?

02/05/2014
Taking time off for medical appointments is a legitimate use of FMLA leave if the treatment is related to an employee’s serious health condition. But that doesn’t mean em­­­ployees can schedule doctors’ appointments whenever they want.

Demographic shift sparks new job-bias risks

02/04/2014
The U.S. workforce is in the midst of a sweeping demographic makeover, bringing new ethnic, national-origin and religious diversity—and new legal risks for employers.

Handbook Audits

02/02/2014

HR Law 101: If it’s been awhile since you last overhauled your employee handbook, you may be courting disaster. You should establish a regular revision schedule and update your handbook once a year or whenever significant statutory or other changes occur …

Alternative Dispute Resolution

02/01/2014

HR Law 101: In recent years, various forms of alternative dispute resolution have gained popularity. Mandatory arbitration in particular is attractive to employers because employees who sign arbitration agreements forfeit their right to sue in federal or state court …

Job Interviews

02/01/2014

HR Law 101: Much of the information employers avoid asking for on a job application becomes apparent when hiring managers meet someone face-to-face (such as race, age, physical disability and national origin). So, you must take extra care not to ask questions or make comments that an applicant might construe as discriminatory …

Sexual Harassment: Sample Policy

02/01/2014

HR Law 101: A clearly written, thoughtful sexual harassment policy clarifies your position to everyone on your staff, including potential perpetrators and their victims. It also provides solid proof to judges and juries that you’re committed to eliminating and preventing sexual harassment. You may use this model policy or adapt it for your organization.

Disabled staff: How much slack must you give?

01/31/2014

Supervisors and HR are usually leery about lowering the discipline hammer on employees with disabilities. But they don’t need to be. An employee’s disability status is irrelevant as long as you can prove that you punish all em­­ployees equally for breaking the same rule.

Can we deduct pay if workers go beyond PTO limit?

01/29/2014
Q. An exempt employee ran out of PTO at the end of 2013. I was led to believe we could dock any hours the employee took off for personal time after using all PTO. (Our policy says employees who are out of PTO can be granted personal time off without pay.) Did we handle this correctly? 

KFC settles, agreeing to skirt pants issue

01/28/2014
The owners of several Kentucky Fried Chicken franchises in North Carolina have agreed to settle a religious discrimination charge leveled by a former employee who claimed that wearing pants violated her Pentecostal beliefs.