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Employment Law

Employee won’t stop working off the clock? Don’t dock his pay; fire for misconduct

03/04/2013
Make sure managers know they can’t turn a blind eye to unpaid work by hourly employees. What can employers do? Don’t dock their pay. Instead, warn them—and then discipline them.

NLRB clarifies position on handbooks, at-will employment

02/28/2013
Late in 2012, the NLRB left many employers scratching their heads—and pulling their employee handbooks off the shelf. Until recently, the NLRB pretty much limited itself to dealing with labor unions and the right to organize, leaving employers alone as long as no union activity was involved. That’s all changed in the past year.

If employee refuses to cooperate with investigation, feel free to fire

02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all em­­ployees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option …

Severance agreements: Beware new legal risks

02/26/2013
If your severance packages to departing workers include a waiver of future potential lawsuits, that’s a smart strategy. But be aware that small mistakes with severance packages—especially for older workers—can lead to big problems in court.

Worker ignores doctor’s orders: Can we discipline?

02/21/2013

Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation? 

How does California law affect hiring?

02/20/2013
Q. For the first time in a while, we need to hire new staff. What issues should we take into account during the recruiting process?

NLRB requires Oakland employer to release confidential docs

02/20/2013
In a potentially far-reaching decision, the National Labor Relations Board has ruled an employer must turn over confidential employee witness statements to a union as part of a grievance procedure.

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Court nixes temp restraining orders for bias complaints

02/20/2013

Employees’ attorneys have come up with a unique way to interfere with an employer’s right to fire employees. Workers who fear that they’re on the verge of being fired are seeking temporary restraining orders to stop the discharge. Fortunately, not all judges are going along with the ploy.

No need to accommodate when absence goes beyond all paid, unpaid leave

02/20/2013

You have probably read that once a disabled employee has exhausted his FMLA and other sick leave, you should still consider offering a brief leave extension as a reasonable accommodation. That’s true to a point. However, once you have allowed additional leave and the employee still isn’t cleared to return to work, it may be time to terminate him despite his disability.