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Employment Law

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …

Indiana court losing patience with inconsistent enforcement of no-Call policies

04/01/2008
To manage your workload, you need to know whether employees will show up for work. To avoid fraudulent call-offs, you may even require a personal call. But unless you are already suspicious—or have had problems with that particular employee abusing the system before—you shouldn’t single out one employee for discipline …

You can require an obviously troubled employee to get help

04/01/2008
If you have an employee who obviously needs psychiatric intervention, you can demand he get outside help—if you can show his behavior is job-related and may affect his ability to do his job or do it safely …

St. Joseph County not liable for $56.5 million verdict

04/01/2008
St. Joseph County will not have to pay a $56.5 million verdict levied against two former prison guards responsible for the death of a man in their custody. Federal jurors awarded $29 million in compensatory damages and $27.5 million in punitive damages to the family of Christopher Moreland, who died after being arrested for drunk driving in 1997 …

New state law supports breastfeeding mothers

04/01/2008
Gov. Mitch Daniels has signed into law a new bill protecting breastfeeding mothers at work. The law, authored by state Sen. Vi Simpson, requires businesses with 25 or more employees to make a reasonable effort to provide a private place for mothers to express breast milk …

AAM strike rocks GM operations across North America

04/01/2008
A strike by workers at five American Axle and Manufacturing Holdings (AAM) plants in Michigan and New York led to temporary closures at more than a dozen General Motors (GM) plants in February and March …

AWOL employee loses case involving absenteeism

04/01/2008
Rosa Luera worked as a medical records clerk and file technician at The Heart Center Medical Group in Fort Wayne. Luera’s attendance continued to decline—until one day, she simply stopped showing up for work. In June 2006, she was terminated. Luera sued, claiming discrimination and retaliation …

New Indiana law means no more crying over expressed milk

04/01/2008
Indiana is about to join 14 other states that already have enacted laws to support breastfeeding women by protecting their right to express milk in the workplace. Starting July 1, 2008, Indiana companies that employ at least 25 workers will be required to provide certain basic facilities for women to express breast milk during the working day …

Maternity leave for small employers

04/01/2008
Q. We are a small not-for-profit organization with eight full-time and 20 (give or take) part-time employees. One of our full-time employees is asking about maternity leave. We currently do not have a policy in place for maternity leave. What are our options? …

Build a legal wall against the flood of retaliation lawsuits

04/01/2008
Retaliation lawsuits are all the rage among employees (and their lawyers) these days. Employees filed 26,663 complaints of retaliation with the EEOC in 2007, up 18% from the previous year. One key reason is the landmark U.S. Supreme Court 2006 ruling in Burlington Northern & Santa Fe Railway Co. v. White …