In 2004, two men were fixing a pump at a plant when one of them complained of being hot and not feeling well. The other man took him to his car and returned to work on the pump. When he checked on the ill man 45 minutes later, he found him slumped over the wheel. He had died.
The EEOC has filed a lawsuit against a Mount Airy carport dealer, claiming the employer allowed employees to mock a co-worker because of her religion and that supervisors didn’t respond when she complained.
Enough doom and gloom already! Here’s a feel-good story! Sure, the AIG bonus debacle has soured the financial world on retention bonuses, but one company is still offering stick-around cash. To be precise, Wells Fargo is paying a bonus to keep one particular employee.
The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.
Chalk it up to the rule of unanticipated consequences: Banks that took federal bailout money are rescinding job offers to foreign-born MBAs. No, it’s not discrimination based on foreign origin. Rather, it’s one of the strings attached to billions in TARP funds.
Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.
Sometimes employers have the delightful problem of having several qualified candidates for a position or promotion. But that good problem can turn into a legal nightmare if an employer winds up fighting discrimination claims from a passed-over applicant. One approach that helps guard against discrimination charges is to have a diverse panel help make the hiring decision.
Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.
These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an FMLA certification form online and used it.
Chances are that a court won’t approve an FMLA case settlement unless the employer can show that the amount it is paying the employee isn’t less than the cost to comply would have been in the first place.