• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Employee returning from FMLA leave? Double-check reinstatement to same duties, pay

03/09/2010

Employees who take FMLA leave are entitled to come back to their old jobs or an equivalent one and receive the same pay and benefits as before. That includes any supplemental duties and any extra pay associated with those duties.

Small-group layoff? No need to keep employee just because she’s the oldest

03/09/2010

If you are planning a layoff within a small group of employees, the fact that one of the employees about to lose her job is the oldest of the group won’t be the basis for a successful age discrimination claim. It takes more evidence that age was a motivating factor for the employee to win an age discrimination case. That’s because she can’t use statistics to prove the disparate impact on older workers in such a small group.

Lawsuit looming? Tell all: Keep opinions to yourself

03/09/2010

When employees complain about alleged discrimination, it’s easy for managers and even other co-workers to get angry. Warn everyone to keep their opinions to themselves. Reacting angrily and then punishing those who complain for having a poor attitude is most certainly not a good idea.

Reversing FMLA denial doesn’t end retaliation claim

03/09/2010

Here’s a reminder that HR needs to do everything in its power to get FMLA decisions right: If you turn down an FMLA request and then punish the employee for missing work, she could sue, claiming she was retaliated against for requesting FMLA leave in the first place. Reversing the original FMLA decision won’t end the case.

Judges’ race and gender may affect bias rulings

03/09/2010

Here’s something to consider if you’re pondering a pretrial settlement: A judge’s race and gender can make a huge difference in the outcome of cases they hear, say two studies featured at a recent American Bar Association conference.

Toledo reaches settlement with former staff–and rehires them

03/09/2010

The Toledo City Council voted to pay $450,000 to settle a race discrimination and wrongful-termination lawsuit brought by two former city employees. That makes for a happy ending to a two-year legal odyssey for Office of Affirmative Action Director Perlean Griffin, and executive director of the city’s Youth Commission Dwayne Moorehead, who served under former Mayor Carty Finkbeiner.

Koch Foods fined $536,000 after immigration raid

03/09/2010

In late 2007, Immigration and Customs Enforcement (ICE) officials raided a Koch Foods plant in Fairfield, just outside Cincinnati. They found 161 illegal workers at the poultry plant. Now ICE has fined the company $536,000.

RIFs and age bias suits: Understand the power of statistics

03/09/2010

If you’re like many employers, you offer severance pay when you have to implement a reduction in force. Never pay severance without getting something in return from the employee, namely a release and waiver of liability. There’s an important catch to understand when you ask for such a release from older workers.

Are we allowed to prohibit moonlighting?

03/09/2010

Q. Is there any law against having a policy that prohibits my employees from working a second job?

Can I terminate a cashier who just filed for bankruptcy?

03/09/2010

Q. I just found out that an employee filed for bankruptcy. I’m concerned, because she works a cash register and has access to money. Can I fire this employee?