Employment Law

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You can discipline: FMLA is not a shield against termination

December 10, 2014

Some employees mistakenly believe that if they can just get Family and Medical Leave Act leave approved, their employer can’t discharge them. Fortunately, that’s not true.

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Job abandonment: What are the rules?

December 10, 2014
Q. How many days does an employee have to report his absence (no show, no call) before we can terminate him for job abandonment? — W.L., Wisconsin
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Pay workers OT for checking email?

December 10, 2014
Q. We frequently have employees turn in time sheets with unapproved overtime—time they spend dealing with email and voice mail. Must we pay them for this time? — A.S., Minnesota
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Worker has flu symptoms: Can I send him home?

December 10, 2014
Q. Every winter we have an employee or two who insist on coming to work with their illness. Can employers send employees home if they show symptoms of pandemic influenza? — Jim, Illinois
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For managers, flirting can ignite a sexual harassment suit

December 10, 2014
There’s flirting and then there’s sexual harassment. If the flirter is a supervisor, it’s probably sexual harassment whether or not there was any physical contact or sexual comments.
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Pregnant waitress sues restaurant that fired her for the baby’s sake

November 12, 2014
When a waitress’s pregnancy was “beginning to show,” the owner of Arthur’s Bar in Addison, Texas, sprang into action—for the safety of the baby.
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Insubordination: The most legitimate reason to fire

November 12, 2014
Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.
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Any rules on giving workers comp time?

November 12, 2014
Q. What are the rules on comp time? We would rather give our workers time off instead of extra pay for overtime hours. And most of them have told us that they would rather the time off.
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What can I say when handing out bonuses?

November 12, 2014
Q. Our company is handing out bonuses only to those who we believe deserve it. Can we ask them—not  demand them—to “keep it quiet” as we hand them their checks? — Christopher, New York
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How old is too old to drive a bus?

November 12, 2014
Spartanburg, S.C.-based Atchison Transportation Services, Inc., got the answer from the U.S. Equal Employment Opportunity Commission when it fired two motor coach operators, ages 75 and 76.
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