Legal Issues

Worker on FMLA leave: What you need to know

May 13, 2016
Although HR usually handles the details when an employee is eligible and takes Family and Medical Leave Act (FMLA) leave, managers should never be in the dark about what that means once the leave is approved.

Dress-code fundamentals

May 6, 2016
If your written dress code policies are vague about what constitutes “appropriate” work attire or appearance, you’ll have to make judgment calls.

Are your records really ready for inspection?

March 16, 2016
“I have been a part of many information governance/records management horror stories,” says Braden Perry, litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC. We asked him for some warning signs that you’re not prepared for your system to be examined at close range.

Do raised voices raise legal concerns?

February 28, 2016
Q: “I need a legal perspective when it comes to yelling at subordinates. What laws, if any, allow someone in management to raise their voice out of frustration? How do courts view a subordinate’s actions when they raise their voice back in response? Can it be used as grounds for discipline, i.e. writing someone up for verbally attacking a manager, or unprofessional conduct by subordinate? Last but not least, what about a subordinate who has suffered prior verbal abuse (mental trauma) during childhood or thereafter, and made comments alleging this?” – Anonymous, Virginia

Don’t punish employee for deposition testimony

January 15, 2016
If you decide to punish an employee for testifying against you in a legal deposition, be prepared for even more litigation.

Keep it legal: Medical histories, scheduling changes, perceived bias

January 13, 2016
Family medical history is none of your business .. Show why schedule changed after FMLA leave … Suggesting ways to improve isn’t bias.

Keep it legal: January ’16

January 3, 2016
Pregnant employee? Don’t pressure her … A one-year difference in age does not equal age bias … A brief medical episode isn’t an ADA-covered disability.

Lessons from the Courts: Reasonable accommodations, interview performance and pushing staff into retirement

January 1, 2016
Careful how often you suggest retirement … Interview performance can be the hiring tiebreaker … A simple transfer is a reasonable accommodation.

Do you stereotype jobs? Get ready for a lawsuit

December 8, 2015
Martina, an experienced forklift operator, applied for two open positions in a Coca-Cola warehouse, but lost out to two less qualified men, according to a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission.

Harassment: Can boss be sued personally?

December 2, 2015
Q. Can the accused harassers be liable for monetary damages in a case where the victim names them in a sexual harassment lawsuit?