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Florida

Clamp down on teasing to stop hostile environment suit

01/13/2009

Unless it’s egregious and outrageous (something like a clearly racist epithet or a dangling noose), a one-time derogatory comment likely won’t become the foundation for a hostile environment lawsuit—if you take immediate steps to stop any escalation.

Review all options for disabled worker seeking accommodation

01/13/2009

Employees with disabilities may be entitled to transfer to open positions that they are qualified to hold. Remember, that means jobs they could do with or without an accommodation.

If you’re well enough to steal, you’re well enough to work

01/13/2009

Michael Villafana, a registered nurse at the Highland Pines Nursing Home in Clearwater, Fla., called in sick the day before Thanksgiving. Then he allegedly showed up at work later that day—to rob the place.

USDOJ sues Bonita Springs for racial discrimination

01/13/2009

The U.S. Department of Justice (DOJ) has filed a lawsuit against the city of Bonita Springs, claiming it violated Title VII of the Civil Rights Act by harboring a racially hostile environment in the Department of Parks and Recreation.

Sarasota whistle-blowers receive $1 million reward from feds

01/13/2009

Carolyn Ferrara, a former office manager for Sarasota dermatologist Michael Rosin, and Ellen Murray, a former patient, received a $1 million reward from the U.S. Department of Justice for their roles in sending Rosin to prison for Medicare fraud.

Court rules DCF employees not immune to lawsuit

01/13/2009

The adoptive parents of three children who were sexually abused in foster care may proceed with their lawsuit against three former Department of Children and Families (DCF) employees, a three-judge panel of the 11th Circuit Court of Appeals has ruled.

4 ways to bring domestic violence out of the workplace shadows

01/13/2009

There’s a widespread understanding of the grave impact domestic violence has on personal lives and the havoc it wreaks on families and communities. Now more attention is being paid to its effect at work. Sometimes, incidents of domestic violence actually happen in the workplace. But the impact goes far beyond immediate safety concerns.

Can we require scheduling FMLA-covered medical appointments to suit our needs?

01/13/2009

Q. One of our employees is taking intermittent FMLA leave for planned medical treatment. However, the employee’s appointments occur during work hours, and that has started to have a serious adverse impact on our customer service function. Can we require the employee to schedule medical visits better to address these problems?

How do we handle FMLA leave when the time off is less than our usual minimum?

01/13/2009

Q. An employee has asked for paid FMLA leave for an increment of time that is less than the increment allowed under our company’s paid leave policy. Can the employee be required to take the larger paid leave increment to substitute any accrued paid leave for unpaid FMLA leave?

Must we reinstate health insurance that lapsed while employee was on FMLA leave?

01/13/2009

Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?