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Employment Law

3 privacy ‘musts’ for securing employee data

04/01/2004

Issue: You’re responsible for securing sensitive employee information. Benefits: Privacy measures and policies protect employees from identity theft and privacy invasion. Actions: Refine your privacy policy, institute a proper …

When does ‘religious expression’ cross the line?

04/01/2004
Issue: You must walk a fine line between allowing employees’ religious expression and preventing that expression from harming the business or creating unbalanced treatment of employees. Benefit: Federal law says …

Include ‘work-on-site’ requirement in job description

04/01/2004
Issue: Must you include a position’s most obvious requirements, such as working at the job site, in employees’ job descriptions? Risk: Misunderstandings can spark lawsuits from employees who are eligible …

Can you fire a poor performer who’s on FMLA leave?

04/01/2004

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

How to prevent religious discrimination at work

04/01/2004
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Smoke out users who try to beat your drug tests

04/01/2004
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with …

Employee ‘odor policy’ must pass the smell test

04/01/2004
Issue: Can you tell an employee to take a bath? Risk: You risk a discrimination claim because, unlike other grooming-policy issues, odor lies in the eye (or nose) of the …

Your ‘so-so’ employee is on leave; can you keep his replacement?

03/01/2004
It’s not uncommon to realize that employees on Family Medical Leave Act (FMLA) leave aren’t as productive as their temporary replacements. That puts you in the sticky situation of wishing you …

‘Willful’ violation can extend employees’ time to file FMLA suit

03/01/2004
Typically, employees can file Family and Medical Leave Act (FMLA) lawsuits no later than two years after the alleged violation. But if a worker can prove that your organization “willfully” violated …

Err on the side of stating the obvious in job descriptions

03/01/2004
It’s clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says “No,” you …