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Indiana

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

07/18/2012
Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

State-by-state 2012 short-term child-care leave laws

07/14/2012

The federal FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Some state laws do. The chart below summarizes state short-term leave laws.

Policy calls for firing after leave is exhausted? Make sure you apply it consistently

06/25/2012
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.

Safeguard your personal assets from lawsuits: Prepare to show that your actions were unbiased

06/25/2012
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.

No Title VII protection for illegal immigrants

06/25/2012

Employers can’t discriminate against someone based on her  national origin. But what about discrimination based on whether someone is in the country illegally? Is that also national-origin discrimination? The answer is a resounding “No!” according to a recent 7th Circuit Court of Appeals case.

State laws on mandatory employee breaks

06/11/2012

The Fair Labor Standards Act doesn’t require you to provide employees with meal breaks. It does require you to pay employees whose meal breaks last for fewer than 30 minutes and those who work through their meal breaks. However, 40 states do have laws covering meal and rest breaks. This chart summarizes those laws.

Employer conceals facts? Workers have more time to sue

05/16/2012
Employees typically have just 300 days from the date an alleged discrimination occurred to file an EEOC ADA-related complaint. But the calendar grows longer if the employer conceals important facts.

Don’t get burned by ‘cat’s paw’ liability: When employee complains, beware boss retaliation

05/16/2012
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?