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Employment Law

Don’t fall into the retaliation trap: Handle ‘toxic’ worker’s complaint with care

05/10/2012

Some employees are nothing but trouble. They complain constantly, and even gripes that might have some merit are often exaggerated. However, you must think twice before you summarily terminate such an employee. Reason: You could be falling straight into a retaliation trap. Treat such toxic workers with care.

How to handle partial-day absences under FMLA

05/10/2012
Sometimes, an employee needs just a few hours of FMLA leave, for example, to make a doctor’s appointment or to drive a relative to treatment. The employee may find it more convenient to take the entire day off, but you don’t have to allow it. Should the employee not return after the appointment, you are free to treat the absence as unauthorized.

If employee’s PTO is gone, can we dock his pay?

05/10/2012

Q. During our introductory period, new hires accrue PTO but they can’t use it until after six months. Can we dock an exempt employee’s pay if he wants a vacation day or sick day during this time? Or, after the six-month period, if an exempt employee has exhausted his PTO accrual, can he be docked pay?

DOL targets South Florida migrant labor practices

05/09/2012
The U.S. Department of Labor has filed two lawsuits against contractors providing workers to South Florida farms, following investigations into migrant laborers’ working conditions.

It’s not bias: Set cutoff date for receiving applications

05/09/2012
Protect your company by tracking when you received each completed job application. You can easily justify a cut-off point, based on the order in which you received complete applications.

Don’t let pregnancy worries affect job assignments

05/09/2012
When discrimination based on pregnancy plays a part in a demotion or termination, the employee has a case under the Pregnancy Discrimination Act. Paternalistic beliefs that pregnant women need protection should not be part of the reason for any action, even if well-intentioned.

Will your decisions hold up in court? Be prepared to explain apparent contradictions

05/09/2012
If you offer contradictory reasons for hiring one applicant instead of another, be prepared to explain away the inconstancy. Otherwise, you may be vulnerable to a discrimination lawsuit.

Warn bosses: Wage violations could mean personal liability–and they would have to pay!

05/09/2012
Want to stop supervisors who allow off-the-clock work or look the other way when employees work extra hours that should be paid overtime? Remind them that not only are their actions illegal under the FLSA, but they may be held personally liable in a lawsuit. That means their own assets are on the line, not just their employer’s.

Inspect, investigate ASAP to prevent hostile work environment from festering

05/09/2012
A good attorney will urge a discharged employee to try to remember any problems she had at work. Any perceived unfairness then becomes part of the employee’s lawsuit. The more grievances, the more likely that at least some of the complaints will make it to court, even if other claims are tossed out. That’s one more reason to deal immediately with workplace problems that crop up …

Document business reasons for job decisions

05/09/2012

Courts seldom second-guess employers for making tough economic decisions, as long as it’s obvious those decisions were made honestly and not as a cover for discrimination. Make that clear by documenting the decisions at the time you make them.