The HR Specialist

When good employees leave for greener pastures, it makes a manager’s job much more difficult. Managers can prevent this syndrome by doing what they can to make their own pasture the greenest. While compensation helps, it’s not always cash that makes pastures greener. When salaries are equal with the marketplace, other factors take priority. Here […]

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Supervisors faced with difficult employees can’t always put aside their emotions. That’s why it’s best for everyone involved if HR takes the lead investigating employee infractions and decides on the appropriate discipline. A prompt, fair and dispassionate investigation by HR professionals is the key to avoiding unnecessary lawsuits …

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You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation …

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Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

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Q. As the law requires, my company provides FMLA leave to employees, provided they submit medical certification forms completed by their health care providers, within 15 days. A late submission is grounds for discharge under the company’s employee absence policy. Health care providers being what they are, we frequently receive forms after the deadline. I have a problem employee out on FMLA leave again, who has not submitted a medical certification form within the 15-day deadline. What options are available to me as the employer? Will the employee be protected by the FMLA if I choose to discharge her for not providing the certification form in a timely manner? …

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Q. Today, I received notice of a discrimination claim from a former employee I fired 200 days ago. I thought my company was in the clear because employment discrimination complaints had to be filed within 180 days. I was surprised to hear from my HR department that the limitation period for filing the complaints can extend to 300 days. Is this true? And under what circumstances does the 300-day deadline apply? …

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