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Ohio

Kasich takes gender identity out of Ohio’s bias policy

03/04/2011
Already under political assault for appointing an all-white cabinet, Gov. John Kasich raised hackles in Ohio’s gay community when he eliminated gender identity as a protected class for state workers.

FMLA isn’t carte blanche for all sick leave

03/04/2011

Some employees with chronic health conditions mistakenly believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel ill. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

This year’s Supreme Court decisions make investigations a must

02/25/2011
In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

After NLRB ruling, can employees really trash you on Facebook?

02/21/2011
Don’t read too much into the recent foray by the NLRB into the brave new world of social media. Employees don’t receive a free pass on social media posts. They don’t have license to defame, disparage or otherwise trash their company, management, product or co-workers. Until the NLRB says otherwise, employers shouldn’t treat social media any differently than any other form of employee communications.

Make training for managers an essential part of your sexual harassment policy

02/15/2011
It does no good to have a sexual har­assment policy if managers don’t know how to enforce it. Without regular manager training on how to respond to complaints, you might as well not have a policy.

Beware hasty discipline for FMLA leave-takers

02/15/2011

Even legitimate discipline against a lousy employee can spell FMLA trouble if somehow that discipline happens more quickly than it did for other employees with similar disciplinary problems. Advice: Take your time when disciplining workers who have taken FMLA leave. It’s better to be right than fast.

Log customer complaints to back up discipline

02/11/2011

Customers may not always be right, but employers can’t ignore their reasonable and lawful complaints. Remember, you need to document those complaints at the time they happen—especially if it seems like a customer complaint might lead to employee discipline.

Document efforts to help employee improve

02/11/2011
Nothing makes an employer look better in court than clear proof that it tried to help a struggling employee improve her performance. That’s why you should keep track of those efforts.

Offer reasonable ADA accommodations–but you don’t have to provide full-time helper

02/11/2011

It can be devastating when an employee becomes severely disabled in the prime of life, especially if it’s clear the disability means she will never be able to perform her old job without substantial assistance. Well-intentioned, compassionate employers try their best to help. But the tough question is how far they should go to accommodate the disabled employee’s restrictions.

Prep for firing with honest investigation

02/11/2011

Courts don’t like it when employees are treated unfairly. On the other hand, judges don’t want to serve as HR courts, either. That’s why they generally defer to management decisions that seem fair and honest. Judges prefer it when employers investigate allegations of employee wrongdoing before they fire someone—but they don’t require that the investigation be perfect.