Legal Issues

No, you can’t order a blanket ban on certain meds

April 30, 2020
At the heart of the ADA is the rule that reasonable accommodations must be based on an individualized assessment of a disabled employee’s medical condition and the requirements of his or her job. Employers cannot make blanket determinations that disabled workers are unable to perform their jobs based on their diagnoses—or the medicines they use.

Don’t let assistive technology affect hiring

April 23, 2020
Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

In the Payroll Mailbag: May ’20

April 17, 2020
Are direct child care payments to employees taxable? … Who pays employees’ expenses if they’re working at home?

Emergency law grants paid sick, FMLA leave

March 19, 2020
Many employees affected by the coronavirus pandemic will be eligible for paid sick leave and some will be able to take paid FMLA leave under legislation signed into law March 18.

Can we terminate an employee right after she issues a two-week notice?

March 13, 2020
Q. One of my employees and I just weren’t getting along. She was obviously unhappy working for us and made no effort to hide that she disliked me. When she gave me her two weeks’ notice, I wanted to fire her on the spot. Would that be legal?.

Don’t ignore sensitive complaints

February 26, 2020
Investigating a charge of harassment or discrimination at work isn’t simply a matter of protecting employees—although that’s important. You also have a responsibility to protect your organization.

Good records: Your defense against retaliation suits

February 4, 2020
Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.

Document poor performance, reasons for discipline

January 17, 2020
Always document how employees perform and how you handle discipline. If an employee isn’t doing her job to your expectations, create detailed notes describing exactly what she’s doing wrong.

Employer doesn’t have to prove poor performance

January 17, 2020
When it comes to whether an em­­ployee is meeting employer expectations, courts almost never look closely at the specifics of that performance. If the employer honestly believes the worker isn’t doing her job, the court won’t second guess.

Limited duty may be reasonable accommodation

January 15, 2020
A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.