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Employee Relations

Failing to track FMLA leave requests erases your right to challenge time off

04/01/2007

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

It’s harder for staff to block discipline using ‘Junk’ claims

04/01/2007

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike …

Investigating EEOC complaint? You’re protected from retaliation, too

04/01/2007

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision …

Wear two hats in evaluating harassment complaint

04/01/2007

If your HR job includes evaluating claims of sexual harassment and hostile environment, it’s a good idea to approach investigations from two separate but related angles …

Swift response is key to derailing harassment claim

04/01/2007

When a co-worker launches a harassment campaign, you must act fast or risk a hostile-environment lawsuit. That means all your managers must know the drill to follow the moment they get wind of harassment …

How to Set Reasonable Call-In Rules for Absences

04/01/2007

For many employers, absenteeism is a constant problem. You know you must give employees some slack, especially for family and medical emergencies and to accommodate disabilities that sometimes flare up. But, to make sure the work gets done, you need to know who’s going to show up and who isn’t …

Firing after FMLA: Potentially legal but usually unwise

04/01/2007

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave …

When to say ‘No’ to disability accommodation requests

04/01/2007

Federal law (specifically, the ADA) says you must accommodate a person’s qualified disability, but that doesn’t mean you must say “Yes” to every accommodation request from every ailing worker. But it’s a tough call on when you legally can say “No.” …