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Indiana

Focus on poor performance when terminating

05/01/2012

Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.

Good news: 3 years is limit for FMLA complaints

04/19/2012
The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to file FMLA claims in federal court. It said ­workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Be prepared to explain why women earn less than men doing the same work

04/19/2012
If you pay women and men different rates for the doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.

Poor performer? Give examples during review

04/02/2012
Not every new hire works out—including applicants who looked promising or at least competent during the interview process. You’ll want to give the employee a chance to improve, but you’ll also want to protect the company in the event of a lawsuit. Providing a detailed and thorough performance review that includes specific examples and suggestions will help.

Small amount at stake in employee suit? Know when it’s best to consider settling

03/22/2012

Sometimes, it’s better to settle than to fight. If a case is pretty clear and the potential liability small, it makes sense to pony up the settlement money. Otherwise, a court may punish bullheadedness with a large award for attorneys’ fees.

Even after Walmart, some class-actions are legit

02/15/2012
Last year, the U.S. Supreme Court dismissed a class-action sex discrimination claim brought by thousands of female Walmart employees. Now the 7th Circuit Court of Appeals has clarified how far the decision goes in class-action wage-and-hour cases.

Make sure you can justify salary differences

02/15/2012

These days, employees are getting braver about discussing their pay. Part of the reason is that the National Labor Relations Board has done a good job publicizing its stance that discussing pay is concerted activity protected by law. Be prepared for the inevitable lawsuits with solid reasons for all pay decisions.

Handle serial complainer with the same professional skill you use with everyone else

02/15/2012
Handle serial complainers as you do one-time complainers. Investigate the claims, fixing legitimate gripes and rejecting all the rest. If the chronic complainer sues, chances are the court will realize that you’ve been dealing with someone who is habitually crabby.