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Employment Law

Know employee’s diagnosis? Don’t assume FMLA

05/09/2012
If all an employee does is tell you about the diagnosis of her medical condition, that’s not enough to trigger her FMLA rights. For example, the employee can’t just state that she’s been diagnosed with depression and then, the next time she misses work, expect the time off to be automatically considered FMLA leave.

The top 10 harassment excuses … and how to see through them

05/09/2012

When you get wind of a potential harassment situation at work, one of HR’s first steps is to talk to the alleged harasser. It’s highly unlikely you’ll get a full confession in that first meeting. Your role is to sort through the explanations to identify the truth. Be on the lookout for these 10 common excuses:

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

No state law on break time: What does FLSA say?

05/07/2012

Q. I don’t think our state has any rules on meal or break times for hourly workers. Does federal law require us to give breaks?


Reverse discrimination and transfers as ADA accommodations

05/04/2012

Earlier this year, the EEOC published Veterans and the Ameri­­cans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?

Alleged retaliation draws lawsuit for Dollar General

05/04/2012
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Personal Touch lacked it with employee

05/04/2012
File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.

Jury will decide artificially inseminated teacher’s lawsuit

05/04/2012
A controversial Pregnancy Dis­­crimi­­nation Act lawsuit involving an un­­married woman who was artificially inseminated and who teaches at a Cincinnati Catholic school will go to trial following a federal court ruling.

Employee returning from FMLA leave? OK to assign her to different, equivalent job

05/04/2012

Some employees mistakenly believe that when they take FMLA leave, they are guaranteed an unchanged job when they return. That’s not true. What the FMLA promises is that employees who take protected leave will be returned to the same or an equivalent job.

Counter bias claims: Show how your rational promotion process selects best candidates

05/04/2012
When it comes to promotions, smart employers make sure they carefully document the selection process. That way, if an employee challenges the decision, the company will have something compelling to show the court.