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Manager's Legal Bulletin

Younger … groom … those are some dangerous words a hiring manager can utter in front of a job candidate.

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To contact or not to contact? Perhaps you had better call that reference. According to a recent CareerBuilder survey, 69% of employers said they have changed their minds about a candidate after speaking with a reference.

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Problem: If an employee’s insubordinate behavior was caused by her bipolar disorder and you fire her, is the termination a violation of the Americans with Dis­­abil­­ities Act?

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The costs of employee absenteeism can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

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Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

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Providing opportunities for promotions is often just the thing to keep top talent from jumping ship. But before you haphazardly start promoting from the ranks, consider these tips to help the right workers move up the ladder, without setting your organization up for a legal fall.

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What could be worse than a boss who spews racially derogatory language in the workplace? Answer: The boss testifying on the witness stand that such language doesn’t bother him.

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Insubordination occurs when an em­­ployee refuses a reasonable order from a supervisor or manager. If discipline or discharge is necessary, knowing how to handle employee insubordination can go a long way toward avoiding legal consequences.

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It’s only natural for managers to monitor the performance of an employee following a leave of absence to ensure that the employee falls smoothly back into the swing of things. There is a fine line, however, between monitoring performance and intensely scrutinizing it.

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Sharpen your pencils and put on your thinking caps. Here’s a list of “adverse employment actions.” Or maybe not. See if your definition of “adverse” jibes with that of our court system.

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