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Idaho

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Backdoor computer access is a federal crime!

08/22/2016
Remind employees that attempting to access computer records after they terminate employment may land them in prison—even if they do so with the willing assistance of a current employee.

Ensure lawyer knows about arbitration clause

08/22/2016
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.

HR director can file wage-and-hour complaint

01/15/2016
Generally, employees who complain to their employer that they aren’t being properly paid or classified under the Fair Labor Standards Act are protected from retaliation for those complaints. But what about a manager?

‘Evergreen clause’ may mean contract didn’t expire

10/21/2015
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.

9th Circuit: 10-year age difference creates presumption of age discrimination

09/21/2015
Generally, older employees who are turned down for promotions or aren’t hired must show that the person who was hired was younger. But how much younger? That question has now been answered by the 9th Circuit Court of Appeals.

Don’t set weekend deadline for appealing benefits denial

08/26/2015
When an employer (or plan administrator) denies a request to receive an ERISA-covered benefit, it must inform the employee that he must appeal by a certain date, typically 180 days. When the 180th day falls on a weekend, those days aren’t counted.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.

Act fast to intervene at first inkling that someone might have been sexually harassed

06/26/2015
If you take prompt, remedial action and then monitor the situation for possible continued harassment or retaliation, chances are that a one-time incident won’t mean losing a sexual harassment lawsuit. Of course, you still have to investigate every allegation, even if your first impression is that there wasn’t behavior serious enough to constitute sexual harassment.

Settlements: No-rehire clauses may be illegal

06/26/2015

When you settle an employment discrimination complaint or lawsuit, you likely include a “no-rehire” provision. Essentially, you trade some settlement dollars for the former employee’s promise not to apply for work at your company in the future. It’s a way to prevent future failure-to-hire lawsuits. Until now, everyone thought such common settlement provisions were legally valid and enforceable. But now a recent case has cast doubt on that premise by looking at California’s broad prohibitions on restrictive covenants in the Business and Professions Code Section 16600.