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Employment Law

Can we fire someone who is costing us a fortune in workers’ comp claims?

11/12/2008

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

What are the rules regarding owner pay in a startup company?

11/12/2008

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?

Is our new worker an employee or independent contractor?

11/12/2008

Q. I recently was talking with another manager at the company who told me that we had hired an independent contractor to work in our records room doing filing and data storage tasks. We also have employees performing that job. Could that cause any problems?

Give all employees a shot at advancement

11/12/2008

If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.

Get attorney’s help when settling injury cases

11/12/2008

Sometimes, employees who are hurt while driving company cars have two separate claims against their employers: one for possible negligence involving the automobile, and another involving workers’ comp benefits for an on-the-job injury. If you decide to settle the negligence claim, have your attorneys review the settlement agreement.

Document rationale for rejecting every job applicant—and stick with it

11/12/2008

Before you reject a candidate who appears to meet the basic requirements for an open position, make sure you can explain your decision. Then document your rationale in case he or she later claims the real reason for the rejection was some form of discrimination.

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.

Sometimes a personality conflict is nothing more

11/12/2008

Some supervisors like some subordinates more than others. As long as any personality conflict isn’t based on some protected characteristic such as age, race or sex, there is no need to worry that treating some employees more harshly than others will result in a winning lawsuit for the employee.

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.

Illini faculty, staff rally for political rights

11/12/2008

In October, the University of Illinois released a statement informing students and faculty that a state ethics law bars state workers from political activities on campus. Students and faculty protested, claiming the university was trampling on their First Amendment rights.