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Employment Law

Pittsburgh Panera manager: I was fired for refusing racism

01/05/2012
A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.

Vague statements won’t support harassment lawsuit

01/05/2012
Here’s some comfort if you discover a supervisor has made unwise comments to employees: Ambiguous statements probably aren’t enough to form the basis of a hostile work environment claim.

Worker turned down light-duty offer? That gives you an advantage in ADA lawsuit

01/05/2012
Here’s a situation you can use to your advantage if you offer light-duty work to an employee who claims he has become disabled: If he turns down your offer, that could sink any disability discrimination claim he later makes.

Partners in time: Balance FMLA and ADA when employee’s serious illness is a disability

01/05/2012
Employees with a serious health condition are entitled to take intermittent FMLA leave when their conditions flare up. And disabled employees are entitled to reasonable accommodations for their disabilities. That can include time off. Employers must therefore consider granting intermittent FMLA leave among the possible ADA reasonable accommodations when an employee has a serious health condition that is also a disability.

Amtrak HR exec decides she won’t be railroaded

01/05/2012
Amtrak will give an HR executive working at Philadelphia’s 30th Street Station a salary boost of almost $16,000 to bring her into parity with what the railroad pays men doing the same job. She will also receive a lump-sum payment of $171,000.

Unhappy employee? Carefully track complaints

01/05/2012

You know this employee—the one who’s never happy and always finds something to complain about. It may be tempting to ignore repeated complaints, but that’s probably a mistake. Carefully document all her gripes. Those records could come in handy later if she files a lawsuit.

Could high school diploma requirement violate the ADA?

01/05/2012

An “informal discussion letter” from the EEOC had employment-law circles buzzing last month—and creating uncertainty about employer’s use of high school diplomas as hiring criteria. The nonbinding EEOC letter said employers, in some instances, could infringe on the Americans with Disabilities Act (ADA) when requiring all applicants to have a high school diploma.

Chicago’s tough leave lessons: How not to handle FMLA leave

01/04/2012
Here’s a chance to learn from an employer’s FMLA mistakes. Don’t make the same ones yourself.

Ready to fire worker with poor attitude? Document examples before you deliver pink slip

01/02/2012

If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.

Ensure FMLA leave doesn’t affect evaluations

01/02/2012

When employees lose their jobs, they often look for a reason to sue. One common tactic is to argue that a layoff was used as an excuse to get rid of “unproductive” employees, especially those who take advantage of their right to FMLA leave. That’s why HR must develop a performance-appraisal system that documents that having taken FMLA leave wasn’t a factor when you evaluated employees’ work.