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Kansas

Dollar General discounted employee’s USERRA reinstatement rights, now may have to pay

10/29/2018
USERRA allows returning service members to request reinstatement by any means, and employers can’t restrict how they ask.

Business necessity can justify criminal ban

10/29/2018
A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Employee who complains isn’t immune from discipline

10/25/2018
Employers can’t retaliate against employees who file discrimination or harassment complaints. But that doesn’t mean you can never discipline those employees.

Fire if manager falsifies employee hours worked

10/25/2018
Time clocks and other time-tracking systems are designed to ensure workers receive all the pay they are entitled to. Manipulating those systems can easily lead to huge back-pay awards.

Carefully document all details when employee starts having attendance problems

09/25/2018
It may seem obvious that a worker isn’t following your attendance rules. However, always carefully document each absence anyway. Meticulous records make it easier to win if the employee claims your discipline was based on discrimination or retaliation.

Courts appreciate employers’ basic fairness

09/25/2018
Employers that treat employees fairly seldom lose lawsuits. Judges and juries understand that employers have a business to run, but appreciate it when they try to do the right thing under difficult circumstances. Here’s an example of how fairness won out.

Document each stage of progressive discipline

09/04/2018
Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

OK to fire disabled worker who cannot perform job duties

08/08/2018
Sadly, some employee disabilities just can’t be accommodated, which means the employee can be terminated. Just make sure you can back up your contention that there was nothing that could be done to allow the employee to keep working.

Consider hiring outside attorney to conduct investigation into HR harassment

08/08/2018
The 8th Circuit Court of Appeals has refused to reinstate a case involving sexual harassment in which the alleged harasser claimed he was fired because of racial bias.

8th Circuit slaps down DOL in FLSA case

08/08/2018
The Department of Labor has suffered a rare rebuke after it tried to press an employer to reveal information that might expand a Fair Labor Standards Act claim to cover related entities.