Employment Law

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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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Can we require leave time for pregnant worker?

July 11, 2014
Q. Can an employer require that pregnant workers take leave?
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When hiring, avoid building a ‘fiefdom’

July 11, 2014
Make sure you are not establishing little fiefdoms that potentially discriminate against one or more protected classes. Remember, preferences that exclude others based on their membership in a protected class are discriminatory, no matter which group is favored.
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Beware of regarding applicant as disabled

July 11, 2014
Do you sometimes have preconceived notions based on uninformed assumptions about a worker’s or a job candidate’s ability to do the job? Beware!
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Plaintiffs’ lawyers can be crafty in court

July 11, 2014
It looked promising for the company when Mindy sued it for sexual harassment. Her evidence was a single offensive comment corroborated by a witness. But at closing argument, her attorney told the jury that she, too, had been sex­­ually harassed at law school, but lacked Mindy’s “courage” to complain…
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