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Florida

Post all job openings to head off bias suits

02/14/2011

Save yourself lots of trouble by posting all open positions and telling employees exactly how to apply. When jobs aren’t posted and a member of a protected class misses out on a job opportunity, he or she can argue that the employer purposely hid the opening in order to exclude some individuals.

Use independent investigation to prove you’re not biased

01/21/2011
Employers can sometimes be held liable if they rubber-stamp recommendations that come from supervisors who discriminate. Your best defense is to conduct a truly independent investigation before making disciplinary decisions. That will cut the liability cord.

After employee has complained, be prepared to defend even minor work changes

01/21/2011
Employers can defend against alleged retaliation by showing they had a good reason for the adverse action. For example, if a supervisor moves an employee to another position for a legitimate management reason, that’s not retaliation. Consider the following case.

When deciding on employee discipline, you don’t have to be absolutely right–just fair

01/21/2011

Supervisors have to make decisions on how to run the workplace every day. They can’t spend hours deliberating every move. Imagine how little actual work would get done if supervisors had to double-check every decision to make absolutely sure it was correct. Fortunately, courts don’t require perfection from employers—just assurance that they acted fairly and in good faith.

Orlando man tries to take bite out of Apple

01/11/2011
Apple Computer’s hip youth culture may have met its match in Michael Katz, a former employee who is suing the company for age bias.

Courts want proof employers did what they claim they did

01/11/2011
It was big news last fall when it became apparent that some bank representatives involved in home foreclosures never even examined the court affidavits they were signing. Judges are becoming more reluctant to accept such sworn statements in litigation—and not just in cases involving foreclosures.

Employees fired for missing work should expect to miss unemployment comp, too

01/11/2011
Employees who are guilty of misconduct aren’t eligible for unemployment compensation in Florida. That means if they’re fired for missing a lot of work, habitually arriving late or leaving early, they can be denied unemployment benefits.

Federal appeals court runs out of patience, cracks down on frivolous litigation

01/11/2011
The 11th Circuit Court of Appeals, which has jurisdiction over Florida employers, has started cracking down on employees who file false and frivolous claims. It’s losing patience for the attorneys who represent them, too. That may mean fewer such cases in the near future.

When religion is crux of workplace problems, base discipline on behavior–not belief

01/11/2011
Warn managers and supervisors: They must not refer to an employee’s religious beliefs when taking any adverse employment action. That’s true even if the decision being discussed involves a dispute over a religious accommodation.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.