When an employee finishes FMLA leave, she is entitled to return to the same or an equivalent job. The reinstatement provision gives employees some flexibility. However, it’s a mistake to think it’s OK to return the employee to any old job.
Here’s some good news for employers: According to a recent Supreme Court of Texas decision, workers who complain to their supervisors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.
Here’s another powerful reason to maintain meticulous wage-and-hour pay records. If you don’t—and a worker claims you owe him money for unpaid work—the court will rely on the employee’s recollection or records.
One of the best ways to fight hostile work environment claims: a handbook with a strong sexual harassment policy that shows employees exactly how they should report problems.
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.
Make it clear that it’s essential to complete time sheets on time. Discipline those who don’t follow the rules. If you have to fire time sheet slackers, rest assured they won’t be eligible to collect unemployment benefits on your account.
When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.
For the first time in 40 years, Mexico has instituted significant labor reforms, a move that has far-reaching implications for its employers as well as U.S. companies doing business there.