An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.
A group of newspaper delivery people has won the right to take to court as a class action their dispute over whether they are independent contractors or employees.
What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.
If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.
Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.
Delano Regional Medical Center has agreed to pay almost $1 million to settle a lawsuit filed by the EEOC and the Asian Pacific American Legal Center on behalf of a group of Filipino-American workers.
The DOL’s Wage and Hour Division (WHD) has begun a multiyear enforcement initiative that could result in sanctions against Los Angeles and Orange County employers in the garment industry. According to the WHD, the garment industry consistently violates federal wage-and-hour laws.