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Wisconsin

OK to reject applicant who volunteers that disability can’t be accommodated

11/12/2008

If an applicant discloses a disability and says she can’t perform the job’s essential functions even with an accommodation, you can turn her down. You don’t have to second-guess her assessment and look for a reasonable accommodation.

Employees can’t wait years to sue for intentional harm

11/12/2008

Sometimes, it seems as though employees spend all their time thinking up new ways to sue. At least now, courts are stopping some of the most frivolous claims by insisting employees act fast—or forget about the alleged wrongdoing.

Can a ‘bad’ motive firing of an at-will employee backfire?

11/12/2008

Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.

Both love and justice are blind: Consider banning boss/employee relationships

10/28/2008

Does your handbook and employment policy specify that supervisors and subordinates shouldn’t develop personal, romantic or sexual relationships? If not, consider adding such a provision. It can go a long way to avoiding potential lawsuits when those relationships go bad.

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …

Investigate, follow up on all harassment cases

10/08/2008

Employees who complain about sexual or other kinds of harassment shouldn’t be left to wonder whether their complaints are being investigated. Employers should apply sound investigation procedures and then follow up with the employee who came forward to let her know the result. That’s true even if the company isn’t going to take any action …

No kid gloves needed: Discipline OK after employee complains

10/08/2008

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn’t mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems …

If you violate FMLA, prepare to pay employee’s attorneys’ fees, too

10/08/2008

Here’s another reason to train everyone on the intricacies of the FMLA: Employees who win even a small amount of damages in FMLA interference cases automatically get their attorneys’ fees paid by their employer. And that can add up to
big bucks …

Court tosses suit against state’s attorney for hiring interference

10/08/2008

A federal court has tossed out a lawsuit alleging that a government agency unconstitutionally interfered in another agency’s hiring and firing practices …

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …