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Employment Law

When it comes to firing offenses, be sure you can show you treated everyone equally

10/08/2010

Especially in a lousy economy, fired employees will look for a reason to sue. You must be able to defend every discharge against possible discrimination and retaliation claims. The only safe approach is to document that you treated every employee equally. You simply can’t cut slack for one employee and not another.

Don’t feel obligated to promote from within if better outside candidates are available

10/08/2010

It makes sense for employers to promote from within. But sometimes it’s better to choose a candidate from a broader pool of potential employees. That may mean some current employees will be disappointed—and may even sue. Recently, a federal court affirmed that internal candidates don’t have an automatic leg up and aren’t entitled to preferential promotions.

Make sure you ask for FMLA certification each time employee says she needs leave

10/08/2010

If an employer wants to challenge a request for FMLA leave, it must give the employee 15 days to get a medical certification showing she has a serious health condition. Until the employer makes the request, the 15-day period doesn’t start running. Disciplining or firing the employee before the time is up will most likely be considered an FMLA violation if it turns out the employee really did have a serious health condition.

Ohio’s outsourcing ban called biased against foreign firms

10/08/2010

Gov. Ted Strickland has issued an executive order banning outsourcing of the state government’s information technology and back-office functions. The move, viewed by many as an election year move to create jobs for Ohioans, has raised the ire of the National Association of Software and Services Companies.

FMLA: What to do when worker refuses OT

10/08/2010
Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.

Workplace bias claims by Muslims on the rise

10/08/2010
After the 9/11 attacks, claims of workplace discrimination by Muslims spiked in 2002 with 1,463 claims of bias to the EEOC. But the past two years have seen a resurgence in claims: 1,304 in 2008 and 1,490 claims last year.

ABM settles harassment charges for $5.8 million

10/07/2010

Century-old, New York City-based building maintenance giant ABM has reached an agreement with the EEOC to settle sexual harassment charges stemming from its operations in California’s Central Valley. The alleged harassment included unwanted touching, men exposing themselves to female employees and rape.

When personalities clash, document reason for conflict

10/07/2010
You can’t just shrug off co-worker conflicts. Instead, carefully document the problem just in case an employee sues. You’ll be able to show that personality, not discrimination, is the reason for an employee’s problems.

When push comes to shove, no retaliation unless protected right was violated first

10/07/2010

Employees who complain about alleged discrimination or harassment that violates Title VII or other anti-discrimination laws are protected from retaliation for reporting their allegations. But that doesn’t automatically mean every complaint about workplace problems is protected. If the complaint doesn’t touch on clearly identifiable workplace rights, it’s just a complaint.

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.