Archive for the 'Retaliation' Category

Pointers for Supervisors: 11 Ways to Avoid Workplace Lawsuits

February 18, 2010 at 9:09 pm by: South Carolina Employment Law Letter

by Rita M. McKinney
Supervisors can be an employer’s frontline of protection against costly discrimination claims — if they’re armed with the right information and training. Here are 11 important things every supervisor needs to know.
Basic Training for Supervisors – easy-to-read guides to avoid legal hazards, covering more than 17 areas of supervisor training

Attendance Can Be an ‘Essential Function,’ Depending on Job

January 29, 2010 at 10:57 am by: Pennsylvania Employment Law Letter

by Emily Hannah Bensinger
The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an “essential [...]

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

January 15, 2010 at 11:50 am by: Kentucky Employment Law Letter

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The [...]

Office Romance: Do You Need a Workplace Dating Policy?

October 1, 2009 at 12:21 pm by: New York Employment Law Letter

by Anna A. Cohen
As the holiday season and the new year approach, many people are either looking for love or ending relationships. Many relationships begin and end in the workplace. A recent survey revealed that almost half of employees have been involved in an office romance, and 20 percent admit to [...]

Responding to Employees’ Personal Social Networking

September 25, 2009 at 8:50 am by: West Virginia Employment Law Letter

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about [...]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

August 28, 2009 at 4:54 pm by: Oklahoma Employment Law Letter

by Dara Wanzer
Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be a [...]

How Employers Can Avoid Becoming an EEOC Statistic: Part 1

July 10, 2009 at 2:59 pm by: Vermont Employment Law Letter

by Amy M. McLaughlin
In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402.

Important Labor and Employment Decisions Pending Before the Supreme Court

January 9, 2009 at 1:11 pm by: Federal Employment Law Insider

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes [...]

Ways Employers Can Reduce Workers’ Comp Costs

December 30, 2008 at 1:37 pm by: Minnesota Employment Law Letter

The gloom of our current economic circumstances should inspire everyone to look for ways to cut costs and streamline operations. One place businesses can start might be the administration of their workers’ compensation program, where expenses can rapidly get out of hand if employers aren’t careful. Here’s a brief checklist of [...]

Ways Employers Can Reduce Workers’ Comp Costs

December 30, 2008 at 1:16 pm by: Minnesota Employment Law Letter

The gloom of our current economic circumstances should inspire everyone to look for ways to cut costs and streamline operations. One place businesses can start might be the administration of their workers’ compensation program, where expenses can rapidly get out of hand if employers aren’t careful. Here’s a brief checklist of things to look for.
Workers’ [...]