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Wisconsin

Rule against document removal supports legit business need

12/01/2007

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company …

Independent investigations by HR remove bosses’ biases

12/01/2007

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved …

Performance appraisals help in court as well as on the job

11/01/2007

Performance appraisals are valuable tools to help put struggling employees back on track. But a low rating also can spur poor performers to consider legal action: Many discrimination suits have been launched on the wings of a poor performance appraisal. Fortunately, employers with solid appraisal systems usually have built-in defenses against such charges …

Track rejected job offers to show lack of discrimination

11/01/2007

Employees who begin to feel less valued at work often look for some underlying reason. Often they focus on suspected age, sex, national origin or some other form of discrimination. Then, when a layoff or reorganization costs them their jobs, they sue. Frequently they’ll argue that they should have been offered open positions, even if it would have meant receiving a smaller salary than they had been making …

Reduce discrimination risk by having same person hire, fire

11/01/2007

If possible, it makes sense to have the same person provide hiring and firing input. Here’s why: Logically, it makes no sense for someone to hire an applicant despite apparent protected characteristics (e.g., gender, race, religion) and then fire that person because of those same characteristics. Although it may not be enough to get a case dismissed, courts will consider it and it may persuade a jury in your favor …

Good and accurate records key to winning lawsuits early

11/01/2007

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

Partial blindness may not be an ADA disability

11/01/2007

The ADA doesn’t cover all disabilities—only those that substantially impair a major life function. There are many conditions, though serious, that don’t qualify as ADA disabilities. One of those is partial blindness. As the following case shows, unless poor eyesight affects important aspects of daily life, it’s not a protected disability …

‘Name, rank and serial number’ still best bet for references

11/01/2007

The old adage “If you can’t say anything nice, don’t say anything at all” seems perfectly suited to employer-supplied references. If an employee is fired or quits in lieu of being fired, it’s a safe bet she will look for another job. It’s also a safe bet that her prospective employer will want to know what type of employee it may be getting. Don’t be in a rush to provide more than basic information for any former employee …

When disciplining employees, pick one reason and stick with it

10/01/2007

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it …

No right to full pay for light-Duty work

10/01/2007

Some employees qualify for FMLA leave because they have a temporary medical problem that prevents them from performing their usual job. Often, they’ll elect to accept a light-duty position instead of taking 12 weeks’ unpaid leave.
Light-duty jobs often come with a lower paycheck, presumably because so many of those positions are really “make-work” jobs typically used to accommodate on-the-job injuries. What happens if the employee elects light duty and demands his or her regular pay? Does he or she have that right under the FMLA? Not according to the 7th Circuit …