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Florida

Timing is everything when it comes to workplace romances gone bad and terminations

02/13/2012

When you terminate an emp­loyee for a good, obvious and well-documented reason, you seldom have to worry about a surprise harassment complaint. Former employees file them fairly frequently, but courts tend to view them with suspicion. The obvious question: Why didn’t the employee complain about harassment before?

Bullet-proof your promotion process: Tell everyone to forward notes and documents to HR

02/13/2012
When it comes to promotions, courts want employers to be honest and fair. Otherwise, they won’t interfere—unless the employer has no records to back up its promotion decisions or show how its decision-making process worked.

Court rules on early FMLA protection: Never fire for requesting leave in advance

02/13/2012
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.

Don’t take malingering employee’s bait: Calling in sick shouldn’t trigger FMLA query

02/13/2012

Some employees believe all they have to do to invoke FMLA leave protection is call in sick and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

How to make ‘one rule’ discipline work

02/01/2012
If you want to streamline your employee manual and disciplinary process, you may be tempted to create one general misconduct rule. It might state, for example, “Violating company policies can result in discipline, up to and including termination.” But before you adopt such a rule, make sure HR is ready to administer it.

Beware contradictions in performance reviews

02/01/2012
Do you evaluate employees’ overall performance and then conduct a special appraisal to determine extra rewards such as bonuses? If so, make sure both processes paint a true performance picture and don’t contradict each other.

New EEOC task force aims to help small businesses

01/12/2012
The EEOC has established a small business task force to improve its outreach to small businesses that may not have access to expert legal advice or a staff of experienced HR professionals. The goal: Ensure small-business owners know how to comply with federal anti-discrimination laws.

Miami ADA case could lead to Supreme Court hearing

01/12/2012
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.

Strict attendance policy is fine if followed consistently

01/12/2012

Some jobs require employees to always show up on time. Nursing homes, day care centers, hospitals and the like are obvious examples. Draconian attendance policies may be necessary to ensure coverage. As long as they allow for FMLA leave and consider reasonable accommodations for disabled workers, such rules are fine.

Reassignment to new position might be retaliation

01/12/2012
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.