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Employment Law

Don’t ask for unlimited medical exam consent

07/08/2010
Under the ADA, medical exams are allowed only if needed to determine whether an employee requires a reasonable accommodation or if the employer believes the employee will be unable to safely perform the job. But can employers require employees to agree to more extensive medical examinations as a condition of employment? Probably not.

Accommodation denied? Beware retaliation suit

07/08/2010

Employers sometimes forget that merely asking for a reasonable accommodation may be a protected activity. That’s true even if it turns out that the employee isn’t disabled and therefore isn’t due an accommodation. Anything an employer does that could be construed as punishment for requesting help could spell trouble—and a retaliation lawsuit.

Are we in trouble? We just demanded that one of our employees lose weight

07/08/2010
Q. I own a restaurant where we require the waitresses to wear revealing outfits. Recently, we placed an employee on a probationary period as a result of her having gained weight. We advised her that if she did not lose 10 pounds in 60 days, we would terminate her employment. Have we done anything illegal?

After poor-performing worker complains about e-mail, should we follow through on plans to fire?

07/08/2010
Q. Admittedly, this is an odd-ball question. My HR department just received a complaint from an employee about risqué e-mails that some of her co-workers were trading back and forth. Coincidentally, the employee who complained is also slotted for termination because of poor performance and attendance problems. Is there any risk in terminating this employee in light of her recent complaint?

Use social networks to your advantage in employment disputes

07/08/2010

I’ve long preached that employees should not enjoy an expectation of privacy in information they voluntarily place on the Internet, including social networks like Facebook. Now according to one federal court in Indiana, it is also fair game for employers to use social networking information when they have to defend against harassment and discrimination lawsuits.

OSHA inspector on the way! How to prepare, how to respond

07/08/2010

An unexpected visit from an OSHA inspector is often unwelcome—and unsettling, too. But if you’ve taken the time to prepare, it need not be traumatic. Planning ahead will smooth the inspection process—and put you in control of it. Plus, being prepared may make a good impression on the inspector, which could lead to being cited for fewer violations.

Get all facts straight before deciding to discharge

07/08/2010
Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.

Crack down hard on hostile slurs and symbols

07/08/2010
Are your workers prone to crude language and behavior? If so, start making spot inspections of work sites. Your goal: Stamping out harassment that could make your organization liable for a hostile environment.

You can require back-to-work fitness certification after FMLA leave

07/08/2010
If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.

When employee complains about discrimination, be alert for signs bosses are retaliating

07/08/2010
Has an employee complained about a supervisor’s alleged discrimination? If so, carefully review any important employment decisions the supervisor subsequently makes. Be alert for potential retaliation.