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Employment Law

The risk of references

02/01/2008

Q. May a former employee sue me for giving a bad reference? …

Refusing to return from leave

02/01/2008

Q. A worker who was injured on the job but now is better is refusing to return from leave. What can we do? …

Limits on workers’ comp leave?

02/01/2008

Q. Is there any limitation on how long workers’ compensation leave may go on? …

Managers: Never presume ‘What’s best’ for employees

02/01/2008

Few things spur a discrimination suit as fast as a manager’s misplaced paternalistic comment. Remind supervisors that employees should choose for themselves what promotion or training opportunities they want to pursue. Presumptions about what they might prefer or would be comfortable doing don’t belong in the workplace …

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

Use two-Pronged approach to protect against harassment

02/01/2008

Sexual harassment cases continue to plague employers. Whether the harassment allegations involve a co-worker or a supervisor, the bottom line is simple: You need a two-part defense …

OK to place employee on paid leave pending investigation

02/01/2008

Ever since the U.S. Supreme Court’s landmark Burlington Northern retaliation decision in 2006, employers have been struggling with exactly what to do while investigating wrongdoings. One vexing issue has been whether it could be retaliation to place an employee on paid administrative leave pending an investigation …

Head off ADA complaints by proactively offering to discuss accommodations

02/01/2008

The ADA requires employers to engage in an interactive process to determine whether an applicant or employee is actually disabled and what, if any, accommodations are possible. But the law doesn’t expect employers to be clairvoyant …

Make sure you pay what contract states

02/01/2008

Indiana employers, listen up! Pay your workers what you say you will pay them, or get ready to pay a lot more. Employees can sue for unpaid wages under the Indiana Wage Payment Act and collect three times their unpaid wages. That can add up quickly …

Handbook helps convince court to overturn discrimination decision

02/01/2008

The Indiana Court of Appeals reversed a decision by the Michigan City Human Rights Commission finding that Filter Specialists Inc. discriminated against two employees because they are black. Dawn Brooks and Charmaine Weathers were fired in 2003 for time-card fraud …