Employment Law

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Worker accusing me of wrongdoing: Can I fire?

September 15, 2014
Q. An employee of mine recently reported me for what he believed were safety violations. Can I discharge or discipline him if the accusations turn out to be false? — G.L. Texas
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Can we get rid of our outside smoking area?

September 15, 2014
Q. We have a smoking area outside our building. However, the smoke is drifting into the ventilation system and ending up in the office. Nonsmokers are complaining. Do we need to provide a place outside where employees can smoke? — Paula, Nebraska
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A $1.39 bag of chips turns into $180,000 payout

September 15, 2014
When Walgreens cashier Josefina Hernandez was having a hypoglycemic attack, she grabbed a $1.39 bag of potato chips off the store rack and ate them in order to stabilize her blood sugar level. Because she ate the chips before paying for them, Walgreens fired her.
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Never stereotype jobs based on gender roles

September 15, 2014
Remind front-line managers and team leaders that they shouldn’t assign jobs or duties based on a worker’s gender. Nor should anyone in management make comments that could be interpreted as sexist or as assumptions that certain roles are best assigned to either men or women.
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Courts won’t hear it: Don’t try piling on after-the-fact reasons for termination

August 11, 2014
Sometimes, after an employee has been discharged, a supervisor will discover that the employee broke additional rules. But even if what you discover would be enough to have justified discharge on its own, chances are a court won’t let you use the information in your defense.
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Avoid a lawsuit: Lawyer shares 5 secrets

August 11, 2014
Aaron Zandy, an employment law attorney with Ford Harrison in Orlando, Fla., offered these five lawsuit-prevention tips during his presentation at the Society for Human Resource Management (SHRM) conference held this summer in Orlando.
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FMLA leave … for a cold?

August 11, 2014
Q. Some employees are requesting intermittent FMLA leave when they have a cold, but their FMLA certification is to care for an elderly parent. Can we require them to answer certain questions? — Susan, North Carolina
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Can we restrict worker’s ‘appointments’?

August 11, 2014
Q. I have an employee who is constantly scheduling appointments during work hours and having to leave. In the past two weeks alone, she missed 27 hours due to appointments. If we cannot restrict appointments outside of work, can I require documentation of appointments? — Kate, New York
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Is there age bias risk in capping salaries?

July 11, 2014
Q. We started capping em­­ployees’ salaries when they hit the top of the pay scale. Many of these employees are over age 40 and they have been grumbling about bias. Should we be worried?
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FMLA for worker whose kid has stomach ache?

July 11, 2014
Q. Can an employee use FMLA leave to care for her young child who’s home from school because of a stomach ache?
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