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Employment Law

Ohio Supreme Court refuses to hear false ticket case

03/31/2011
Beth Rist, former Ironton police officer and current Ironton City Council member, appears to have exhausted her legal appeals in her battle to return to uniform. The Ohio Supreme Court has declined to hear her case.

Worker returning from FMLA leave? You can refuse to reinstate

03/31/2011
Under the law, an employee who takes FMLA leave is entitled to return to the same position he or she held when leave started or to an equivalent position. However, there are situations when employers can refuse to reinstate workers returning from FMLA leave—but only under limited circumstances.

Strict deadlines enforced for unemployment comp appeals

03/31/2011
In an effort to add finality to cases, courts are beginning to enforce strict deadlines on appeals of unemployment compensation decisions. The lesson for employers: Pay attention to deadlines; submit appeals on time.

Old pay cut may be basis for new pay-bias claim

03/31/2011

It’s important to regularly review your records of evidence of past discrimination. If an employee now earns less after missing out on past promotions, each new paycheck can support an equal-pay claim under the Lilly Ledbetter Fair Pay Act. Now a court has expanded that reasoning to include lower paychecks based on past discriminatory pay cuts.

When employee requests accommodation, beware overly cautious return-to-work conditions

03/31/2011

When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for em­ployee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.

Insubordinate worker? Fire away knowing court probably won’t second-guess

03/31/2011

Employees are expected to follow directions and treat their supervisors with respect. Employees who lose their tempers or refuse to follow legitimate directions are insubordinate. That means you can terminate them, a decision courts will rarely second-guess.

Overly sensitive employee or bully boss? Trust instincts to determine who’s right

03/31/2011

Sometimes, HR professionals have to make judgment calls about who is telling the truth. In fact, just about every workplace investigation requires assessing the credibility of employees, co-workers and managers who disagree about what happened. Take, for example, an employee who complains about a supervisor’s harassment or hostility.

Appeals court rules for employers on ADA

03/31/2011

There’s good news for Ohio employers worried about ADA compliance: The 6th Circuit Court of Appeals has refused to change the law on disability discrimination. A recent ruling upheld prior court decisions that said an employee can’t win a disability discrimination discharge lawsuit unless she can prove that her disability was the “sole” reason for the discharge.

Are all cancer treatments eligible for FMLA leave?

03/31/2011
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.

Not everyone wears a halo: Courts don’t expect your work atmosphere to be perfect

03/30/2011
You’d like to think that employees will never do or say anything even mildly offensive. But that’s just not realistic … and courts don’t expect it to be. As long as workplace squabbles and personality conflicts don’t turn into discrimination based on age, race, religion or another protected category, they simply won’t rise to the level of unlawful discrimination.