When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.
The pharmaceutical industry must have a bull’s-eye on its back, because employees’ attorneys continue to take aim at it, filing class-action lawsuits that allege unfair or illegal pay practices.
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.
Courts don’t want to second-guess employers unless they feel they have no alternative. When an employee charges discrimination based on different treatment because he belongs to a protected class, the court first looks at the employer’s rules and tries to see if they have been enforced consistently.
Some employees never forget an indignity. Years later, they may sue over something unrelated to the original wrong and try to bring the old offense into the case. That sometimes works if their claim alleges a hostile work environment. But if the hostility stopped years ago, chances are the court won’t consider the old claim.
Criminal defendants are entitled to a public defender, but that’s not true for employees trying to sue for discrimination. Courts won’t often pay for legal assistance if the employee can do the work herself.
An employee may request FMLA leave after the decision has been made to terminate her but before finding out she’s about to lose her job. Employers that can prove they made the firing decision earlier won’t lose an FMLA failure-to-reinstate lawsuit.
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.
There’s plenty of employment law news making its way into the mainstream media. That means the workplace will be buzzing with employee chatter about working conditions, pay and unions. Prepare now for how to react.
Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.