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Terminations

You can enforce a reasonable dress code

06/01/2007
Have your employees lost a sense of appropriate workplace attire? If so, remember that you can enforce a reasonable dress code. Just stay clear of banning religious dress that doesn’t pose a safety hazard—that might amount to religious discrimination. On the other hand, you don’t have to allow the same employee to sport the religious (and other) symbols of multiple faiths …

Attorney’s letter? Proceed with plans, but back up decision

06/01/2007

Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action …

Recalled employee may be eligible for FMLA leave

06/01/2007

When employees are temporarily laid off with the right to return during a recall, all the regular rules for FMLA time off apply on the day of the recall. That’s because a break in service doesn’t destroy the employee’s eligibility …

Classic case of age discrimination costs Lucent $195,000

06/01/2007

A 55-year-old estimator who was laid off after 34 years with Lucent Technologies, based in Murray Hill, won a significant settlement in a textbook age-discrimination case …

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

Resigning for newfound faith doesn’t justify unemployment compensation

06/01/2007

New York employees who quit their jobs for good cause are generally eligible for unemployment compensation payments. But does a newfound faith requiring no Sunday work justify quitting? …

Ambiguous answers may prompt retaliation charge

06/01/2007

It’s true: If you can’t say anything nice, sometimes it’s best not to say anything at all. It’s especially true if an employee has quit and filed a discrimination lawsuit …

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Court: Intermittent FMLA leave won’t cover tardiness, bathroom breaks

05/15/2007

Employees are becoming well versed in the FMLA game, and you’re paying the price. Unscheduled intermittent leaves now account for a huge portion of all FMLA leaves of absence. And while the law does allow employees to take FMLA leave in small bites for a doctor’s visit or to care for a sick relative, it doesn’t give them unfettered rights to random work breaks or to arrive late without a good excuse …

FMLA in a Nutshell: How to Comply With the Family and Medical Leave Act

05/15/2007
White Paper published by The HR Specialist, copyright 2009 ______________________ The Family and Medical Leave Act (FMLA), which became law in 1993, provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, for caring for a spouse or an immediate family member with a […]