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Employment Law

Can we legally ban all employee smoking at work?

07/22/2008
Q. We don’t allow smoking during the workday, even during lunch breaks. An employee complained to HR that this is discriminatory and mentioned that she may seek legal action. Is our company policy illegal? …

When termination follows military family leave

07/22/2008
Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? …

Pre-Employment tests

07/22/2008
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

HEART Act Adds Retirement, Pay Benefits for Reservist Employees

07/22/2008
The HEART Act is a new federal law that expands the retirement and pay benefits to which employees called to active military service are entitled. If you administer your organization’s retirement plan or work with payroll, you need to know about the law’s provisions. Our primer will get you started.

Tell managers: Don’t retaliate against those who complain

07/21/2008
One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Hold onto those notes! Even accidental destruction can mean trouble

07/21/2008
You know it’s crucial to document all disciplinary actions. No doubt, you’ve told managers and supervisors to keep all notes, memos and other paperwork. Those records could be invaluable later if you ever need to show that all your disciplinary decisions were based on good business judgment, performance and other legitimate and relevant reasons …

Good news: Bullying and verbal abuse probably are not emotional distress

07/21/2008
Sometimes a rogue supervisor comes along who bullies or verbally abuses a subordinate. While such conduct may sometimes violate Title VII and other federal laws, it seldom results in additional awards for emotional distress under Georgia law. And that’s good news because losing an emotional distress case can be expensive.

Air conditioning: mandatory accommodation?

07/21/2008
Charles Gribben, a UPS driver in Phoenix, was told by his doctor to operate only trucks with air conditioning. But UPS, finding it couldn’t accommodate Gribben’s disability, terminated him. Gribben sued UPS under the ADA …

Think twice before posting, withdrawing job

07/21/2008
Paula Casamento had worked for years in a variety of functions for Boston’s mass transit agency, but wanted to be promoted. When the agency posted a new supervisory position, she applied. A male employee had been performing most of the new job’s functions for several years …

Don’t play doctor with employee ailments

07/21/2008
Electrician David Justice worked at a canning plant when he suffered a stroke. It affected his balance, so when he returned to work, his doctor said he could no longer work on catwalks or ladders …