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Employment Law

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Supreme Court will address key employment law cases this term

11/09/2012

The Civil Rights Act of 1964 dominates this year’s employment-related Supreme Court docket, with the Justices hearing two cases involving Title VII of that landmark law. Also to be decided between now and next June: cases involving the FLSA and ERISA.

El Nacho Grande chain faces wage-and-hour lawsuit

11/09/2012
The El Nacho Grande chain, with restaurants in Cincinnati and Dayton, faces a U.S. Department of Labor lawsuit after investigators found evidence that the company’s pay policies violate the Fair Labor Standards Act.

Ohio bill would overhaul bias, harassment complaint process

11/09/2012
A bill before the Ohio Senate could thoroughly revamp how employees file complaints about workplace discrimination and harassment—and greatly benefit employers that have robust anti-discrimination and harassment policies and practices.

’40-year-old virgin’ wins right to sexual harassment trial

11/09/2012
Warn supervisors to stay away from demeaning jokes and other offensive, sexually oriented comments.

Beat FMLA suit by showing you would have fired anyway

11/09/2012
Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for ­employers faced with such a case—if they can show they would have fired the em­­ployee anyway. In fact, chances are, they’ll win.

Employee requests new intermittent leave plan? You can request new certification

11/09/2012
Employees with serious medical conditions that require occasional time off are entitled to intermittent FMLA leave. If you grant leave and the employee makes a new request that wasn’t specified in the original medical certification, you can insist on a new certification.

Go ahead and hold holiday celebrations–just be sure to hold the religion, too

11/09/2012

The winter holiday season is ap­­proaching and with it, perhaps some excessively cheerful holiday glee. That may offend some religious individuals from a wide variety of faiths. But as long as employers don’t go overboard on the religious aspects of the season and don’t punish those who want to play Scrooge, a little merriment is fine.

It’s dangerous to let supervisors set ADA accommodations

11/09/2012

Smart employers don’t leave it up to a direct supervisor to manage ADA reasonable accommodation. Instead, they work out a system that requires HR’s oversight. Otherwise, a boss with a grudge could set up a disabled employee to fail—and set the table for a costly ADA lawsuit.

Informal comment to HR? Beware retaliation suit

11/09/2012
An employee’s casual remark to HR can lay the groundwork for a retaliation claim if the comment could be interpreted as objecting to some form of discrimination. That’s good reason to train HR staff to report all comments and consider them as protected activity.