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Employment Law

Document reasons for worker’s new, unusual assignment

01/02/2018

Some workers may feel that being given a difficult assignment is discriminatory, especially if others outside the worker’s protected class don’t have to do similar work. Having a business-related reason for the assignment will persuade a judge that discrimination wasn’t a factor.

Court: Drug testing is not an inherent invasion of employee privacy

01/02/2018

Employers can drug test employees as part of a safety program. The mere existence of a properly designed testing program does not invade a worker’s right to privacy.

It’s OK to fire in the middle of FMLA leave, but be prepared to show valid, unrelated reason

01/02/2018

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.

Warn bosses: Keep snide comments to yourself

01/02/2018

Remember, any supervisor comments about a worker’s complaint can end up supporting a retaliation claim.

Beware firing safety whistleblowers

01/02/2018

The Trump administration’s Department of Labor is aggressively going after employers that fire workers who report alleged workplace safety violations. It’s one reason to seek expert legal advice before disciplining any potential whistleblower—even for behavior or poor work performance that seems unrelated to any safety report.

Your good disciplinary records will almost always beat employee’s retaliation claim

01/02/2018

If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.

When can we require medical exams? Are we allowed to make an employee pay for a job-related medical exam?

01/02/2018

Q. May employers require medical examinations of applicants and employees?

California Assembly pays to settle harassment complaint

01/02/2018

Former state Assemblyman Steve Fox has once again cost the California Assembly money to settle allegations against him. This time, Fox’s former legislative director is being paid $100,000 for sexual harassment and being required to perform work outside her legislative duties.

Employee’s suspicion can’t beat your solid evidence

01/02/2018

Smart employers always make employment decisions based on solid, business-related reasons. Then they document the decision-making process.

Act immediately to remove sexually offensive graffiti and material from the workplace

01/02/2018

Sexually offensive material appears all too often in some workplaces. When that happens, get rid of it! Immediately! That way, there is less chance that someone will later be able to successfully allege that the graffiti or scribblings created a hostile work environment.