It’s not impossible to discipline employees who complain of discrimination. They’re not untouchable. Just make sure you can show that the discipline flows from objective performance factors, not retaliation. Still, …
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …
Many states provide some immunity for employers who furnish truthful, fact-based employment references. But, as the following case shows, that immunity can evaporate if you provide false information or make malicious …
Count on hearing more about the Worker Adjustment and Retraining Notification (WARN) Act in the coming months. Reason: Employers comply with the law (which requires 60-days’ notice of mass layoffs or …
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …
Issue: Employees may try to use “self-defense” as a reason for breaking your no-fighting rule. Risk: That would limit your ability to punish violent workers …
You must accommodate employees with disabilities. But what’s technically considered a “disability” under the Americans with Disabilities Act (ADA)? The law says it’s any physical or mental impairment that limits one …
When calculating an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave, always double-check your math, then run it by an HR boss or employment lawyer. While you …
Asking employees to perform even a minimal amount of work while they’re out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will …
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts. Risk: A manager’s verbal promise could lock your company into legal agreements it must follow …