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Employment Law

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012
Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

More Minnesotans filed EEOC complaints last year

06/18/2012
Minnesotans filed 46 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The 1,204 complaints represented 1.2% of all EEOC charges filed in 2011.

‘Innocent’ touching can still be sex harassment

06/18/2012
For some supervisors, being a good boss is literally a hands-on job. They’re constantly patting workers on the back or wrapping them up in an innocent hug. But watch out if they’re “touchier” with female subordinates.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.

Discipline hothead who won’t accept decision

06/15/2012

Smart employers try to fix discrimination and harassment problems right away. But sometimes the complaining employee wants more than the employer is willing to give and simply gets angry. If anger turns into insubordination, you can discipline without fear of losing a lawsuit.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

7 ways to limit your social media liability

06/14/2012

Online social networking sites provide a variety of benefits to organizations. They can help you collect industry-based knowledge, reach new customers, build your brand and publicize your company’s name and reputation. But those benefits come with their fair share of legal risks. You need a comprehensive social media policy to guide employees on your expectations about their online behavior.

Be wary of hitting employee with sudden criticism after FMLA request

06/14/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has re­­quested FMLA leave and was previously performing well, be suspicious of claims that she’s now performing poorly.