Legal Issues

Document poor performance as it happens

January 14, 2020
It’s essential for supervisors to document poor performance at the time it happens. Don’t wait until you’re ready to terminate a worker to start building a paper trail. You won’t get away with it in court.

United pays $321K to settle charges it knew of internet harassment

January 14, 2020
United Airlines has agreed to settle an EEOC lawsuit claiming the company knew for years that one of its pilots had been posting sexually explicit photos of a flight attendant on the web without her consent.

Don’t select your layoffs based on “broken English”

January 10, 2020
When parking company LAZ converted to an automated payment system in a parking complex in Baltimore, management terminated three employees: two Moroccans and one Ethiopian.

Keep It Legal: January ’20

December 20, 2019
Same-sex harassment costs employer $200k … For religious day off, don’t request certification

The cost of a careless remark

December 20, 2019
The Americans with Disabilities Act forbids discriminating against disabled employees. Openly hostile acts or comments are, of course, illegal, but you should also avoid making comments that show you even regard the employee as unable to work adequately.

Smiley Dental supervisor frowned on pregnancy

December 10, 2019
Smiley Dental in Dallas has agreed to settle EEOC pregnancy discrimination charges that arose after a receptionist informed her boss she was pregnant a month after being hired.

Medical inquiries cost Texas employer $50k

November 15, 2019
Oncor Electric Delivery in Dallas has settled charges it violated the ADA when it asked employees to reveal drugs they had been prescribed.

Discover wrongdoing during FMLA? Fire away

November 14, 2019
It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Superstar won’t behave? Feel free to fire

November 7, 2019
Sometimes, an employee does a great job, but an abrasive personality makes him more trouble than he is worth. Superior work skills and productivity insulate superstars from legitimate discipline or termination based on poor behavior.

Harassment victim told to put on your ‘big girl panties’

November 1, 2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.