Details matter when justifying discipline

May 8, 2014
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different discipline, make sure your records specify why you believed one deserved harsher punishment than another.
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Flimsy or not, good-faith complaint is protected from retaliation

May 8, 2014
It’s illegal to retaliate against employees for complaining about sex discrimination or harassment. A crucial point: The employee’s initial complaint doesn’t have to pan out, either.
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FMLA leave for elective cosmetic surgery?

May 8, 2014
Q. We have an employee requesting FMLA leave for elective cosmetic surgery and a recovery period. Is this procedure considered a serious medical condition under the FMLA? Do we have to grant her FMLA leave? — Becky, Texas
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FMLA leave to help daughter with newborn?

May 8, 2014
Q. An employee would like to use FMLA time to spend with her daughter after her grandchild is born later this year. Does this qualify for FMLA leave? — Mary, Illinois
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EEOC: 7 key issues will face more enforcement

May 8, 2014
At a recent Society for Human Resource Management (SHRM) conference, EEOC General Counsel Peggy Mastroianni said the agency plans to increase its enforcement efforts on seven issues this year.
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Is a salary only for full-timers?

April 18, 2014
Q. Can part-time employees be salaried?
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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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