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New York

Keep FMLA away from absenteeism discipline

03/09/2015
Carefully track absences and note which missed days are attributable to FMLA-covered reasons. That way, should you have to terminate an employee for attendance issues, you can easily separate out FMLA.

Safeguard against failure-to-hire suits by explaining how hiring process works

03/09/2015

Do you explain up front exactly how your hiring process works? If not, consider providing a written notice that outlines the process, especially if it’s a lengthy one and you collect applications even when you have no current openings. This may come in handy later if a disgruntled applicant sues, claiming she was blacklisted or suffered discrimination by not being called for an interview or otherwise being considered for a position.

More than one reason to terminate? Be sure to carefully document your rationale

03/09/2015
While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.

Rid bulletin board of offensive materials ASAP

03/09/2015
Do you check bulletin boards and other areas regularly, looking for potentially offense materials? If not, make it a routine practice. Otherwise, you could wind up facing a hostile work environment lawsuit.

Watch out, boss! You can be sued separately

03/09/2015
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against her employer—and her supervisor!

Trying to drive out employee can backfire

03/05/2015
Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Even if criminal charges don’t hold up, it’s OK to discipline government worker

02/16/2015

When a government employee is arrested and charged with a crime related to her job, most public employers take some form of action—typically suspending the employee pending trial. If they are found guilty, they usually are terminated. Then the employee is entitled to “some sort of a hearing,” according to Supreme Court precedent. But what if criminal charges wind up being dropped?

It’s impossible to be biased against unknown disability

02/13/2015
Employees with hidden disabilities must notify their employers if they want ADA protection.

When to use leave as an accommodation for disabled workers

02/09/2015
The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.

Volunteer emergency responders in New York now entitled to leave

02/09/2015
As of Dec. 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency or if a federal emergency has been declared.