• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Kansas

No do-overs for employee who files serial suits

02/18/2015
An employee who loses a lawsuit over her termination can’t revive the litigation a second time just by coming up with a second claim that could have been raised earlier.

Pick one good reason to justify firing

02/18/2015
A poor performer may disappoint on many levels, doing lousy work and failing to get along with others … harassing co-workers and fudging time sheets. While you should document all the problems, you don’t have to cite every one when you terminate the employee. Pick one and stick with it.

Trucking company won’t collect fees from EEOC

01/21/2015
The EEOC has won a reduction of a large attorneys’ fee award it had been ordered to pay for an allegedly frivolous lawsuit.

Employee’s discrimination complaint shouldn’t derail legitimate discipline

01/21/2015
Some employees think they can keep from getting fired by going to HR or the EEOC with a discrimination complaint. Then, they reason, if their employer does terminate them, it will be retaliation. Fortunately, that’s not true.

Whistle-blower alert: Beware punishing employees who report customer wrongdoing

01/21/2015

You may prefer a “don’t rock the boat” mentality when it comes to reporting to police or other governmental authorities that a customer may be breaking the law. That doesn’t mean you can force employees to remain silent—or worse yet, punish them for going to authorities. Doing that could cost a fortune in damage awards, especially if it turns out that your employee was right.

Boss behaving badly? Maybe not harassment

01/21/2015
Employers should certainly strive to make their workplaces as pleasant and harassment-free as possible. But, sometimes supervisors make that almost impossible because they can’t refrain from acting like jerks.

After firing boss accused of harassment, zip your lips

01/15/2015
If a court concludes that one of your supervisors created a hostile work environment, you probably don’t want to retain him. But don’t go overboard with the explanations.

He who has the best time records usually wins a wage-and-hour lawsuit

01/15/2015

The FLSA and DOL regulations require employers to track all hours worked so employees can be paid for all the time they spend working. That’s especially true for hourly employees. But what about tracking hours for so-called exempt employees who aren’t eligible for overtime pay for hours worked over 40 per week?

Iron-clad misconduct proof not needed to fire

01/15/2015
Worried about terminating an employee because the allegations against him amount to a he-said, she-said situation? Relax. Courts don’t want to become HR departments and don’t want to mediate every dispute.

FMLA may cover some independent contractors

11/13/2014
A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.