Legal Issues

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.

Angry outbursts are inappropriate, but don’t always create hostile environment

February 18, 2020
Sometimes, supervisors lose their cool with a difficult subordinate. Fortunately, a few isolated incidents aren’t enough to create a hostile work environment.

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.

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.