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Employment Law

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

OSHA squeezes fines from Dick’s in trash bin case

09/28/2011
In baseball, a “squeeze play” is a risky gamble. According to OSHA, Pittsburgh-based Dick’s Sporting Goods almost gave a whole new meaning to the phrase.

HR alert: Some of your actions aren’t protected

09/28/2011

Sometimes HR professionals go to bat for employees when they think the company may be overstepping legal boundaries or generally not doing “the right thing.” But those activities aren’t necessarily protected, meaning HR pros can’t claim retaliation if they are punished afterward.

No additional leave required after FMLA ends

09/28/2011

Employees covered by the FMLA are entitled to return to their jobs after taking up to 12 weeks off to deal with a serious health condition. But sometimes employees aren’t fully recovered when their leave runs out. Then they often ask for some form of accommodation that will let them perform the essential functions of their jobs. Employers don’t have to reinstate such employees under the FMLA.

It’s not all bad news when NLRB rules on social media

09/28/2011
The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.

Metro North blasted, fined for misclassifying worker injury

09/28/2011
OSHA has ordered Metro North Commuter Rail to pay more than $141,000 to a worker after an investigation concluded that the railroad purposely misclassified the worker’s injury and then denied him a promotion as a result.

Courts impatient with workers who act as their own lawyers

09/28/2011

Employees who can’t find an attorney to represent them when they sue their employers sometimes decide to represent themselves. This makes for more work for the courts. But judges are beginning to lose pa­­tience.

Be specific when crafting claims agreement documents

09/28/2011
Employers can shorten the time employees have to sue by stipulating uniform claims timeframes that cover all disputes. However, you must be very specific about what’s covered.

Zero-tolerance drug policy? Make sure you uniformly apply it to all

09/28/2011
Do you have a zero-tolerance rule against employees who use or possess illegal drugs at work? If you don’t apply it to all employees who break the rule, you will be sued.

Conduct truly independent investigations to ferret out retaliation by rogue supervisors

09/28/2011
Employers are liable for the discrimination perpetuated by supervisors unless they can show that, before accepting a supervisor’s termination recommendation, they conducted an independent investigation. Employers that don’t conduct a truly independent investigation—including allowing the subordinate to present his version of events—can still be liable.