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Ohio

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

Don’t factor in FMLA when making RIF list

08/07/2009

Many employers are discovering they have to cut staff to survive. It’s tempting to eliminate those positions where the least work is being done. After all, the employees doing the least work should be the least missed. But before you decide to RIF someone, remember that you cannot consider FMLA leave in the calculation.

Cincy doctor to feel some pain

08/07/2009

Dr. Walter Broadnax, owner of Cincinnati’s Pain Group, will serve five years’ probation and pay $56,246 in restitution to the state Bureau of Workers Compensation.

Make sure your promotion process gives all qualified candidates enough time to apply

08/07/2009

Supervisors who want to hand-select a particular employee for a job may be tempted to play fast and loose with the company promotion process. Watch out!

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Check severity of harassment allegations when facing hostile environment claim

08/07/2009

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

When employee complains years later, look for prior gripes

08/07/2009

Sometimes, employees claim they didn’t dare complain about alleged discrimination or a hostile work environment until years after the fact. To explain the delay, they may say that they were scared to complain. That’s when you should check for prior complaints. If there are any, the fact that they complained earlier can be used to show they couldn’t have been all that afraid.

Solid discharge reason trumps retaliation claim

08/07/2009

When an employee is discharged shortly after returning from FMLA leave, she may charge retaliation. The timing alone may be enough to send the case to trial. If an employer has a solid reason for the firing, however, it can win.

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.