Ogletree Deakins P.C.
www.OgletreeDeakins.com
Matthew.Effland@OgletreeDeakins.com
(317) 916-1300
Lawsuits may be inevitable in today’s litigious society, but losing them is not. Follow these 10 rules to prevent the most common employment-related lawsuits—or at least increase your chances of winning them.
Ah, the “halo effect”—the practice of inflating an employee’s annual evaluation to increase overall morale and avoid the unpleasantness of telling underperforming workers what their weaknesses are. Too bad using the halo strategy both undermines performance and exposes employers to legal risks ...
Q. My department recently received a “litigation hold letter” from an attorney’s office. It instructed us not to delete or destroy any documents belonging to a former employee of ours ... While we have a few documents related to this person’s employment, the significant majority of her personnel documents were destroyed through our normal record-retention process. Are we required to comply with this litigation hold letter ...? If so, what can we do about the documents already deleted?
Q. An employee whose doctor says she cannot stand for long periods of time recently requested an accommodation. The employee requested the opportunity to sit on a stool while she works. We are concerned that giving this employee a stool will prompt other employees to request seats of their own, even though they do not have the disability she does. Do we have to accommodate her request, knowing that it could lead to significant morale problems?
The scene is, unfortunately, all too common: A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? ...
Ah, the “halo effect”—the practice of inflating an employee’s annual evaluation to increase overall morale and avoid the unpleasantness of telling underperforming workers what their weaknesses are. Too bad using the halo strategy both undermines performance and exposes employers to legal risks ...
Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? ...
Q. I own a small business with 27 employees. Last month I was forced to terminate one of my employees who had been caught stealing. Because I knew he was having some trouble at home, I agreed not to contest unemployment. However, I just received an e-mail from this former employee asking me tell to him, in writing, why I fired him. I cannot shake the feeling that I am being set up for something. After all, I told him during his termination meeting that he was being fired for stealing. Do I have to respond to this request? ...
Q. We are a nonunion plant that uses a seniority-based bidding system for work shifts. A recent hire has complained that due to his lack of seniority, he is consistently being scheduled to work on Saturday, which is his Sabbath. Do we have to accommodate his religion by honoring his request to never work on Saturdays? ...
Q. Our office manager wants to move to a paperless system. Are there any documents that we must maintain in paper form? ...
Complaints from employees, customers and competitors are nothing new in the business world. Until recently, if complaints crossed the line from mere opinions to false statements—that is, downright lies—companies could threaten a defamation lawsuit. Often, the mere threat of litigation will cause a disgruntled critic to back off. Today, however, companies face a more insidious and growing problem: Internet libel, commonly known as “cyber-slander.”
Q. We are a small, nonunion parts supplier for a large, unionized manufacturing plant. Due to an ongoing strike by our primary customer’s union, demand for our product has decreased significantly, and we are having difficulty meeting payroll. Consequently, we are preparing to lay off several of our staff. Our CFO remembered reading that in Indiana, someone who loses his job due to a strike is not eligible for unemployment compensation. But, because the only reason we are laying our people off is due to the strike at our customer’s facility, can we contest unemployment for our laid-off staff? ...

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