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Employment Law

Just requesting FMLA leave forms isn’t protected activity

11/09/2009

Employees who request FMLA leave can’t be punished for doing so. That would be retaliation and interference with the right to leave. But merely asking about FMLA leave or requesting paperwork isn’t enough to form the basis of an FMLA claim.

Justify why some got training, while others didn’t

11/09/2009

Training opportunities at work must be available to all employees regardless of race, ethnicity, religion and so forth. That doesn’t mean, however, that everyone who wants to take a particular training course must get the opportunity. Employers can base training opportunities on the critical need for some employees to get the training.

How you can be sued for bias even if you don’t discriminate

11/09/2009

A New York City broker of apartment rentals and sales may face legal liability for alleged age bias—not because it discriminated, but because its independent contractor did. It’s a cautionary tale for any organization that outsources hiring.

The New York State Labor law amendments you need to know

11/09/2009

Despite a summer of political circus distractions in Albany, the New York Legislature continued to crank out laws that further regulate New York employers. Here are some recent changes to New York State laws that you need to take into consideration.

Offering extra leave beyond FMLA? You don’t have to extend job return rights

11/09/2009

Employees who take FMLA leave are entitled to be reinstated to their jobs if they return to work when their 12 weeks off expire. But many employers provide additional time off. But if employers grant that additional leave, they don’t have to reinstate the employee to the same or an equivalent position when she returns.

Consider ADA needs, FMLA requests separately

11/09/2009

Employees who aren’t disabled under the ADA can still be eligible for FMLA leave because a health condition can be serious without being a disability. That means you really need to consider requests for ADA accommodations separately from any requests for FMLA time off. Don’t make the mistake of assuming that denying an ADA accommodation means you can deny FMLA leave, too.

Said you would create jobs? Get ready to prove it

11/09/2009

If you’re one of the hundreds of Ohio employers that capitalized on job-creating state tax incentives a few years ago, expect to hear from state authorities shortly. Attorney General Richard Cordray has an assignment for you: Prove Ohio’s subsidy paid off in actual jobs.

How to prove work environment isn’t hostile: Track every bias, harassment complaint

11/09/2009

Employers can’t guarantee that employees will never feel offended by a co-worker’s comment about race, ethnicity, sex or other protected characteristics. But employers can and should make sure employees know what to do if they do feel offended or harassed—and then track exactly how the matter was handled.

Age discrimination alert: Beware using high training costs as excuse to deny promotion

11/09/2009

We all know that it costs money to train employees—and that turnover after investing in advanced training is a genuine and expensive problem. That doesn’t mean employers can get away with refusing to train someone approaching retirement age. That may be seen as age discrimination.

You don’t have to be right on discipline—just honest

11/09/2009

Disciplining employees often requires making tough calls, especially when the disciplinary action is based on the word of co-workers. You may be forced to choose whom to believe. Don’t be tempted to ignore the complaint just because you can’t be sure who’s right. As long as you are honest, courts will be reluctant to second-guess you.