Disabled employees may have trouble doing their jobs without an accommodation. If you simply tell the employee to figure out a way to perform the job and refuse to help find an accommodation, the employee may quit and apply for unemployment.
Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.
Minneapolis-based grocery chain Supervalu faces a lawsuit from a former employee at a distribution center in Pennsylvania. Long-time employee Terri Wolfinger claims the company changed the lifting requirements in her job description to prevent her from returning to work after she injured her arm.
The federal Office of Federal Contract Compliance Programs is suing New York Mills-based Lund Boat Co. and parent company Brunswick Corp., alleging discrimination against women in its hiring practices.
Employees who quit usually aren’t eligible for unemployment compensation. Only those who quit for “a good reason caused by their employer” are eligible for benefits.
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.
Under Minnesota’s Whistleblower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.
The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may influence pay.
Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their performance is subpar or contributing to discord in the workplace. Either way, it’s worth at least extending to the employee a chance to improve and keep his job—after you have documented the nature of the problem.
Here’s something to remember the next time you agonize over discharging an employee for breaking a rule: While you should treat all employees honestly, you don’t have to conduct a mini trial to determine “guilt.” It’s enough to believe you had a legitimate reason to fire the employee—even if it later turns out you were wrong.