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Employment Law

Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

 

Can we switch a salaried employee to hourly to deal with pregnancy-related absences?

08/01/2008

Q. Our office manager, who is pregnant, has begun coming in late two or three times a week due to morning sickness. Because she is a salaried employee, we know that we cannot deduct from her wages for partial-day absences. Can we change her position to one that is paid on an hourly basis until she returns from her maternity leave? …

Why can’t we just go ahead and fire an unpleasant employee?

08/01/2008
Q. About six months ago, we hired a new employee for our accounting department. Although he successfully completed his probationary period and has no formal disciplinary actions issued against him, he simply has an unpleasant personality and does not mesh well with the other employees in the department. Can we simply terminate him? After all, Ohio is an “at will” state. …

Can we refuse to pay employees who work unauthorized overtime hours?

08/01/2008
Q. Our policy prohibits employees from working overtime without specific written authorization from their supervisor. Our policy manual provides that employees will not be compensated for overtime hours worked unless they comply with this policy. Can we legally refuse to pay our employees for unauthorized overtime? …

Can you legally fire a woman who has an abortion?

07/29/2008
When graphic artist Jane Doe became pregnant, she told her boss. Then she learned that the child was severely deformed. She decided to terminate the pregnancy. She took a week off for the procedure, recovery and to bury the child. Then her employer then fired her.

Use patience when disciplining employee who requested FMLA leave

07/28/2008
Some employees who are having performance problems think taking FMLA leave will stop any pending disciplinary action. But an employer doesn’t need to hesitate to discipline if it can show that the employee really does deserve the discipline. But don’t jump the gun …

There’s protected activity, then there’s harassment

07/28/2008
When employees think they are working in a hostile environment, emotions often run high. If an employee believes he is working under intolerable conditions, he may strike back with a harassment campaign of his own. Anonymous letters, e-mails and other unconventional forms of communication may amount to reverse harassment—and you don’t have to tolerate it …

EMS workers lose jobs for racist hazing incident

07/28/2008
The University of Medicine and Dentistry of New Jersey (UMDNJ), which operates University Hospital in Newark, fired three paramedics for subjecting emergency medical technician (EMT) trainees to racist hazing …

N.J. Transit Authority police chief stuck in legal traffic jam

07/28/2008
Joseph Bober, police chief for the New Jersey Transit Authority, is at the center of a five-lawsuit pile-up over everything from discrimination to punching an employee in the gut. Lt. Theresa Frizalone filed the first suit—charging sex discrimination—in March 2007 …

Third-Party harassment: The next frontier for New Jersey courts?

07/28/2008
New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next? One likely path is to expand liability for sexual harassment committed by a nonemployee …