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Employment Law

Don’t let FMLA request stop discipline that was already in the works

11/30/2011

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

Before starting ADA accommodations process, ask basic question: Is this employee disabled?

11/30/2011
Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.

You–not worker–choose ADA accommodation

11/30/2011
Employers, not disabled employees, have the right to decide which reasonable accommodation will be used. As long as the accommodation works and the employee is able to perform her job with it, no additional help is due.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

New rules for commissioned sales employees?

11/29/2011
Q. What are the new developments regarding overtime exemption for commissioned sales employees?

Disabled worker? It may pay to offer commuting accommodations

11/29/2011
While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.

For now, hospital can’t force nurses to assist in abortions

11/29/2011
A federal judge has issued a temporary restraining order that prohibits a New Jersey hospital from forcing 12 nurses to participate in training or services related to abortions.

Small harassment settlement, hold the money in coffee case

11/29/2011
The owner of a coffee shop next door to Camden’s City Hall has flat-out refused to pay a $75,000 settlement intended to resolve six sexual harassment complaints filed by women who once worked there. City Coffee owner Robert Ford says he never signed a settlement agreement—and doesn’t plan to.

After FMLA leave, build bullet-proof case before firing

11/29/2011
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

No unemployment for employee who quits to retire

11/29/2011

Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation. But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.