Manager's Legal Bulletin

Consider the following questions a manager might ask during the interview process. Answer yes to the questions the EEOC lists as legal under the Americans with Dis­­abili­ties Act; answer no to the ones that it deems unlawful.

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If you’re faced with an employee who isn’t a good fit with his or her current job, is termination the answer or is demotion a better alternative? The answer is, of course, it depends.

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Q. An employee called me and told me he wasn’t coming to work be­­cause he has bronchitis. I told the rest of the department why the employee is absent. Did I violate HIPAA (Health Insurance Portability and Accountability Act)?

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If you allow employees to listen to music in the workplace, be aware of the legal and practical consequences, lest you start hearing the not-so-sweet sounds of co-workers’ complaints … or even lawsuits.

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Timing is everything when it comes to retaliation—especially when a supervisor punishes an employee on the same day he complains.

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Fewer American workers are reliant on their next payday to make ends meet, according to a new CareerBuilder survey.

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The last six weeks of the year include a handful of holidays for which employees clamor for time off. While some of these holidays are traditionally offered as a paid day off, employees might want other days off. Be prepared to manage their time off requests.

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Problem: A difficult employee be­­comes defensive and argumentative each time you try to address his shortcomings with him. He doesn’t see a problem or a need to change, so you fire him. His perspective of the situation is much different than yours, and now he’s going around telling his former co-workers how “terrible” the company is and how unfairly he was treated. Solution?

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Q. The mother of a minor employee (age 16) has asked to attend her child’s performance evaluation meeting. Do I have to legally allow the parent to sit in on this session?

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No doubt you fuss over the content in your job ads in hopes of luring the top candidates. Although good content in a job ad is critical, technical issues are more often the culprit behind workers dropping off from applying to a job.

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