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Employment Law

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Beware expanding EEOC investigation after employee complains about discrimination

08/12/2010

Take every internal discrimination complaint seriously—and take quick action, too. Why? If the employee doesn’t think your response was adequate, an EEOC complaint will probably follow. And that can spell big trouble if the EEOC decides to expand its investigation beyond the specifics of the original complaint.

When employee files harassment complaint, document efforts to help her deal with aftermath

08/12/2010

When an employee complains about sexual harassment, the aftermath can be tough. First, there’s an investigation and the anxiety waiting for a final decision. Co-workers may side with the alleged harasser and shun the complaining employee. How you respond to problems like those may mean the difference between winning a retaliation lawsuit and losing.

When essential duties are at issue, OK to base medical exam on FMLA certification

08/12/2010
A new 8th Circuit Court of Appeals case allows employers to use an employee’s FMLA certification as the basis for requesting a fitness-for-duty exam if the certification asserts that the employee can’t perform an essential function of her job. That’s especially true in high-pressure professions when an alleged FMLA serious health condition affects an employee’s ability to function while at work.

‘Perfect’ accommodation may still be unreasonable

08/12/2010
Here’s a twist on the already complicated matter of accommodating religious practices in the workplace. Employers might assume that if they come up with an accommodation that resolves the conflict, they have done all that’s required. It’s not that simple.

Ensure your hiring process is rational, clear

08/12/2010

If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.

To cut your risk of FLSA overtime suits, let employees put on uniforms at home

08/12/2010
Here’s a simple risk-reduction measure for employers that require employees to wear uniforms on the job. You can reduce your chances of being on the losing end of a wage-and-hour lawsuit by giving employees the option to suit up at home.

EFCA is dead, but ‘new’ NLRB could be trouble

08/09/2010
“The big bang theory of labor law reform is behind us,” says employment law attorney Michael Lotito. Meaning: In its current form, the controversial Employee Free Choice Act won’t pass. But it’s not all good news. The five-member NLRB “has changed dramatically” with the addition of three new members named by President Obama.

Reasonable accommodations under the ADA in the 7th Circuit

08/06/2010

The ADA requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would cause an undue hardship. A recent 7th Circuit case sheds light on the extent of an employer’s obligation to accommodate an employee’s accommodation request.

Must we pay workers who have been suspended?

08/06/2010
Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave?