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Kansas

Not all FMLA mistakes will cost you in court

08/20/2013

What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013

Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

State-by-State Chart on Final-Pay Laws

08/14/2013

This chart summarizes the states’ final-pay laws. States without laws have been omitted.

Long ago comment won’t taint current legitimate disciplinary action

07/17/2013

Here’s some good news for employers that promote an employee into a supervisory position not knowing she may have made racist comments in the past. As long as the new supervisor follows company disciplinary rules and HR carefully documents any performance and disciplinary problems, chances are the old comments won’t sink the employer’s defense of a discrimination claim.

Worry about disciplinary inequities from one supervisor, not every boss

06/27/2013

Yes, all employees are supposed to be treated equally when they break the same rule. But when courts compare discipline, they don’t do so across the entire organization. They focus on one supervisor at a time. Company-wide variations are normal and not absolute proof of discrimination.

Fair investigation all that’s needed to support discharge

06/24/2013

Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.

How to thwart bias lawsuits: Have supervisor who did the hiring also handle firing

06/20/2013

Here’s a tip that can help prevent successful termination lawsuits: Set up your system so that the same individual or individuals who make hiring decisions also make the final termination decisions. It will help you prevail in court if the fired employee tries to sue you for discrimination.

Discovered wage-and-hour irregularities? Act fast to fix

05/09/2013

When it comes to paying hourly employees for all hours worked, the best policy is to fix any mistakes as soon as you can. Chances are, doing so will reduce your liability down the line.

Ensure supervisors understand they must be alert for FMLA scenarios

05/09/2013

Employees don’t always know to ask specifically for FMLA leave. Some may not even know they are entitled to time off for a serious health condition. But that doesn’t mean you can ignore the obvious and discipline a worker for missing work when it’s clear he or she may be entitled to FMLA leave.

When rude boss spouts off, expect little sympathy from juries

03/21/2013

A supervisor’s foul temper can alienate employees—and wind up costing an employer big bucks.