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Employment Law

Preferring Spanish speaker doesn’t amount to bias

10/18/2012
Some jobs require not just bilingual ability, but fluency in a particular language other than English. Hiring for that specific skill isn’t discrimination.

Remind bosses: No comments about EEOC complaints

10/18/2012
When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.

Beware ADA lawsuit when firing worker who had previous workers’ comp claim

10/18/2012

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

When disagreement turns to cursing and threats, feel free to terminate for insubordination

10/18/2012

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

Aggressive employee terrifies co-workers? Now that’s failing to meet expectations!

10/18/2012
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.

Court: Elmhurst pumping firm drained workers’ 401(k) funds

10/18/2012
A federal court has ordered the owner of Elmhurst-based ABD Tank & Pump Co. to repay $2.7 million that was illegally skimmed from the company’s 401(k) plan.

Benefits questions can trigger ERISA suit

10/18/2012
ERISA allows employees to sue if they believe they suffered retaliation for giving information or testifying in an ERISA proceeding. Until now, employers assumed that an employee had to at least make a formal complaint to the DOL before he could sue for retaliation. That’s no longer true.

‘Keep this private’ may be unlawful request during internal investigations

10/18/2012

When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.

Do we have to tolerate threats from bipolar worker?

10/17/2012

Q. After an employee threatened a co-worker with violence, we gave her a warning. When she did it again, she told her boss she was bipolar and going through a prescription change. She was unaware she made the comments. Do we have to tolerate this behavior now that we know she may be disabled?

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.