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Employment Law

Accommodating isn’t ‘regarding as disabled’

09/08/2010

Here’s good news for employers that want to accommodate employees who say they’re disabled, even if it’s not clear they actually are. If you make the accommodations, the employee can’t sue you for regarding her as disabled if it turns out she isn’t really disabled. That means you can safely agree to an accommodation without fearing a lawsuit later.

Train supervisors on FMLA notice process

09/08/2010
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.

Can we legally a hire a foreign national?

09/08/2010
Q. Our software company is considering hiring a Canadian citizen for a computer systems analyst position. Does the North American Free Trade Agreement (NAFTA) allow us to hire this individual?

Will we run into legal trouble if we commit to hiring only ‘careful’ workers?

09/08/2010
Q. Several recent hires have suffered work-related injuries shortly after starting to work for us. As a result, our workers’ compensation premiums have soared. Our CEO, in an effort to avoid this problem, has directed managers to hire only “careful” workers in the future. Is this legal?

What can we do about an employee who has been blasting us on his personal web site?

09/08/2010
Q. One of my employees has created his own web site and has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire this worker for this conduct?

Sight-impaired officer sees red, sues for ADA violations

09/08/2010
A former detention officer for the Hunt County Sheriff’s Office has filed suit against Hunt County and Sheriff Randy Meeks, claiming she was discriminated against on the basis of her disabilities: myopia and astigmatism.

You don’t always have to be right–just honest

09/08/2010
Don’t fret needlessly that every decision you make is the absolute correct one. What really counts is that you acted fairly and honestly. Good faith is all that is required, as the following case shows.

Don’t write overly broad restrictions into noncompetes

09/08/2010
Noncompete covenants in Texas must be limited to a reasonable geographic area or they aren’t enforceable. Unfortunately for employers, that geographic area is usually fairly small.

Cut slack on notification requirement when emergency clearly signals FMLA need

09/08/2010
When it comes to FMLA leave, many employers have internal procedures that are somewhat stricter than those specified in the FMLA. That doesn’t mean, however, that employers shouldn’t be flexible under emergency circumstances. Holding an employee to an impossible requirement won’t fly with courts.

When employee complains of bias or harassment, beware acting in ways that look like retaliation

09/08/2010
An employee who files an EEOC or internal complaint about alleged discrimination or harassment might quite naturally be nervous that her action will result in adverse consequences. That’s why employers have to be certain that any discipline, demotion or changes in working conditions can be justified for valid business reasons before they are implemented.