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Employment Law

Set clear, consistent response to ‘I’m sick’ calls

07/06/2009

FMLA rules say employers are required to let their workers know about the law and how to go about requesting FMLA leave for a serious health condition. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave. Make sure all managers and supervisors know how to handle medical call-ins so that a potential FMLA request doesn’t get lost.

‘Difficult’ employee? Don’t assume a disability

07/06/2009

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.

Even the best sexual harassment policy is useless without supervisor vigilance

07/06/2009

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

Appeals Court reverses stance; gives a thumbs down to ‘association discrimination’

07/06/2009

In a decision sure to create a buzz, the 6th Circuit Court of Appeals has ruled that Title VII does not provide retaliation protection for employees who weren’t involved in protected activity.

Changing an employee’s duties may require changing his FLSA classification

07/06/2009

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

Don’t bad-mouth terminated employees

07/06/2009

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.

No unemployment comp for job lost due to absenteeism

07/06/2009

An Ohio appeals court has issued a common-sense decision that shows you have the right to expect employees to show up for work. It said that absenteeism is just cause for termination and disqualifies the employee from getting unemployment benefits.

Can we terminate a no-call/no-show employee?

07/06/2009

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

When can we legally dock employees’ salaries?

07/06/2009

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Protecting computers from ex-employees

07/06/2009

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?