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Employment Law

Downsizing and FMLA leave

10/01/2007

Q. Our company is in the process of going through a reduction in force. One of the positions that has been selected for elimination belongs to an employee on FMLA leave. Can we still eliminate the position? …

Religious accommodations

10/01/2007

Q. An employee of ours is requesting a personal day off for religious observance. He is salaried and has exhausted all vacation and personal time. Are we required to give him the day off? …

4 strategies can put a stop to unauthorized overtime

10/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to a policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

 

Act fast on FMLA leave requests—Delay triggers a violation

10/01/2007

If you don’t train supervisors to immediately forward all FMLA requests to the HR office, you may find your organization on the losing end of an FMLA-interference lawsuit. An important new court ruling shows it doesn’t matter whether the employee’s FMLA leave request eventually is approved …

Save hours, employee worry with identity-Theft protection

10/01/2007

More than 10 million people a year fall victim to identity thieves—and some of them work for you. It could take up to 600 hours to undo the damage caused by identity theft. And those hours are usually workday hours. That’s why more organizations are beginning to offer identity-theft protections …

Don’t fire before knowing employee can’t return from leave

10/01/2007

Employees are guaranteed only 12 weeks’ unpaid FMLA leave per year and have no right to return to their jobs if they can’t make it back after their time is up. But that doesn’t mean you should prepare the paperwork to terminate the employee on the day their leave expires. Wait until you get medical documentation showing the employee can’t return …

Is there a class action lurking in your employee handbook?

10/01/2007

Now may be a good time to review your employee handbook for potential big trouble. The problem: Because handbooks spell out policies that apply to many or all employees, they can be used to justify escalating a simple lawsuit into a class-action suit …

Fair discipline process is key to avoiding lawsuits

10/01/2007

Do you have an employee who grates on everyone’s nerves and makes unreasonable demands on subordinates? Are you afraid to discipline the employee because he or she belongs to a protected class (e.g., race, age, sex)? Fear no more! As long as you use a fair process to correct the employee’s shortcomings, chances are he or she won’t win a lawsuit …

Mere days of harassment mean lawsuit when ‘Constructive discharge’ is involved

10/01/2007

When it comes to sexual harassment under Ohio’s sex discrimination laws, a few days is all it takes to create a hostile work environment. Even if the harasser stops—instead turning critical and cold—the harassed employee may quit shortly after. Courts then will view the resignation as the effective equivalent of being fired in retaliation …

Don’t add insult to injury: Be careful what you say about litigious employees

10/01/2007

When a former employee sues and you think the lawsuit is frivolous, resist the temptation to belittle or punish the employee by discussing the case. Small talk can mean a big payday for a former employee who finds out and files a defamation lawsuit. What’s more, you could be personally liable if a jury finds you acted vengefully or with ill will. The best advice: Don’t discuss pending lawsuits. If you say nothing, you can’t be accused of slander …