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Ohio

Fitness-for-Duty Letters Trigger Instant Reinstatement

03/01/2006

Must you allow an employee to return after FMLA leave if you don’t think she’s physically ready? She could injure herself if she returns. But if you block her return, you could face a failure-to-reinstate FMLA lawsuit. Begin the return-to-work process earlier to see if she still has the ability to perform the job’s essential functions …

Same job titles don’t demand the same pay

01/01/2006

While the Equal Pay Act prohibits wage discrimination against women, make sure you and your supervisors realize that it doesn’t require every employee in the same position to earn the same salary. If you can point to factors other than gender (seniority, education, experience, skills, etc.), you can set radically different salaries for employees who hold the exact same job …

Tell Supervisors to Make FMLA a ‘Work-Free Zone’

11/01/2003

Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …

Sweeten Deal to Retain Worker After Training

10/01/2001

Q. We just covered the entire cost for an employee to complete nurses’ aide training. We intended to draw up an agreement before the training so that this employee would be available to our business for six months before she could seek other employment, but we failed to discuss the agreement before the training. Can we have her sign such an agreement now? —C.E., Ohio