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Employment Law

Ensure taking leave is employee’s choice

11/14/2013
Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Stop harassment by reining in sexual banter

11/14/2013
A few stray, sexually oriented comments between co-workers aren’t enough to support a full-blown sexually hostile work environment lawsuit. But you can prevent serious legal trouble by stepping in before it gets out of hand.

Handling complaints: Do bosses know chain of command?

11/14/2013
A new court ruling says that even a manager who can’t hire, fire or discipline can still hold a company responsible for Title VII harassment liability if he or she fails to send an employee’s complaint to the correct links on the corporate chain …

When settlement requires confidentiality, tell everyone to keep lips sealed

11/12/2013
Settling a case early on can have advantages. One of these is that you can include a confidentiality clause that bars a former employee from talking about the case. Now a Cali­­fornia court has said that such clauses are valid, meaning you can sue a former employee who breaks a confidentiality agreement.

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

Does ‘he doesn’t play well with others’ rise to the level of an ADA disability?

11/11/2013

Some employees have a very difficult time getting along with others. That’s usually a personality issue. But sometimes, psychological problems may be at the heart of the trouble. As a result, the employee may claim she has an ADA-protected disability that must be reasonably accommodated. If employees ask to be able to avoid co-workers, that’s not reasonable.

Employees say they want a union? Here’s how not to respond

11/08/2013

It’s natural to feel betrayed and up­­­set if you discover that some employees have invited outsiders to help organize a union at your workplace. Best bet: Think and learn before you act. If you handle the news incorrectly, you may end up in the cross hairs of the NLRB.

What should we do about reports that new employee smells of alcohol?

11/06/2013
Q. There have been a few reports from co-workers about a new employee smelling of alcohol, although he shows no sign of intoxication. Can we ask him if he has been drinking on duty?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.

On eve of flu season, know what FMLA covers

11/06/2013
Every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave. The regulations state, “Unless complications arise, the common cold [and] flu … do not meet the definition of a serious health condition and do not qualify for FMLA leave.”