Employment Law

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ADA accommodations simple? Then make them

April 14, 2014
A waitress with dwarfism saw her hours reduced and was fired after she repeatedly requested that her serving shelf be lowered back to where her former manager put it.
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Worker’s past reviews were stellar: OK to fire?

April 11, 2014
Q. We recently hired a new manager in an underperforming division. After getting to know her team, the manager wants to fire an employee for poor performance. But, the employee has only had glowing performance reviews under his previous manager. Can we go ahead with the termination? — A.S., Minnesota
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Merely transferring employee to same or similar position isn’t grounds for lawsuit

April 11, 2014
Sometimes, the most sensible solution to an ongoing employee complaint is to transfer the employee. Doing so may give everyone a fresh start. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one.
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Employee committed firing offense? Terminate ASAP–or else prepare for court

April 11, 2014
If you hesitate to fire an employee for an obviously dischargeable offense and then use that reason later, you should have a very good explanation for the delay. Otherwise, a jury may not believe you and see the move as an excuse for some form of discrimination.
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Altering time sheets can mean personal liability

April 11, 2014
Here’s a warning for bosses or anyone else who is responsible for handling or approving time sheets: If you change or otherwise alter an employee’s time sheet to evade the requirements of the FLSA, it’s not just the company that risks a big fine and costly litigation.
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Court: Less than stellar review isn’t retaliation

April 11, 2014
Some employees who file discrimination claims are on the lookout for retaliation. An ordinary employer action—such as preparing a performance review that’s generally favorable—isn’t retaliation, even if the employee thinks he deserved a better review and more praise.
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Worker griping about work to customers: Fire him?

April 11, 2014
Q. An employee has been complaining to our customers about the long hours he’s forced to work, and how underpaid and underappreciated he is. Is it legal to fire him for making the company look bad to its customers? — Judy, Delaware
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It’s just a kiss … sealed with a lawsuit

March 17, 2014
Even a single incident of explicitly sexual harassment can become the basis for a sex discrimination and sexual harassment lawsuit. Warn all supervisors and managers: Keep your hands—and your lips—off your subordinates.
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Snapchat for business? Beware risk of self-destructing texts

March 17, 2014
A new breed of online business apps like Confide and TigerText aim to copy Snapchat, the popular app that lets users set a time limit (one to 10 seconds) on how long recipients can view their messages or photos.
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Possible porn: Can we search computers?

March 17, 2014
Q. An employee recently complained that she had received inappropriate email messages and links to pornographic websites from some of her co-workers. We would like to review these messages to figure out exactly how large a problem we’re facing. Can we do this?
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