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Employment Law

Employee late submitting FMLA certification? Don’t just fire! Find out why

08/14/2012

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

Remind bosses: The wrong choice of words can bolster an employee’s retaliation lawsuit

08/14/2012
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.

Court punts on kosher ministerial exception

08/14/2012
Under Title VII, religious institutions that employ workers to engage in religious activities are exempt from complying with anti-discrimination laws under the so-called ministerial exception. But what about minimum wage and overtime? Are ministerial employees entitled to protection under the FLSA?

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

Consistent discipline makes it easier to beat employees’ discrimination lawsuits

08/13/2012
For employers, the best way to win discrimination lawsuits is consistency. When you enforce a workplace rule, do so for everyone who violates that rule—every time. That makes it difficult for an employee to cry discrimination over a discipline dispute.

If an employee is injured at a company picnic, would that be covered by workers’ comp?

08/13/2012

Q. We are considering holding, off-site at a park, a “Company Olympics” event featuring sports such as softball and tennis. If an employee were to be injured while participating, would that be considered a workers’ compensation-covered injury? Would it matter if participation was voluntary?

Management expert sacked, sues managers for age bias

08/13/2012
Rodd Wagner has written best-selling books telling employers how to treat their employees more ethically. That didn’t prevent him from being fired from his job as a management consultant at Gallup, Inc.

Underage staff OK because it’s ‘not a drinking man’s bar’?

08/13/2012
When the Castle Rock Supper Club in Hawley was accused of illegally employing teenagers, the owners tried to persuade state regulators that it was OK because their establishment is “not a drinking man’s bar” but “more of a family restaurant.” The regulators were unmoved …

Public employees have rights beyond those in Title VII

08/13/2012
People living in the United States are protected from state actions that violate the Constitution, a right that goes beyond those accorded to employees under Title VII.

Courts limit punitive damages in discrimination cases

08/13/2012
Punitive damages can take a case that’s worth just a few thousand dollars and send the tab skyrocketing. Fortunately, courts want to see clear evidence that the employer acted recklessly before they ask juries if punitive damages are appropriate.