Matthew Effland

Ogletree Deakins P.C.
Indianapolis, IN
www.OgletreeDeakins.com
Matthew.Effland@OgletreeDeakins.com
(317) 916-1300

Matthew S. Effland has represented clients in both Indiana and Florida in the areas of employment and commercial litigation, and has provided training and counseling on employment issues to management in both the private and public sector. Mr. Effland has worked extensively in many of the more complex areas of employment law, including FMLA compliance, workplace privacy law, and wage & hour issues, and has represented clients confronted with both these and other litigation claims in areas such as Title VII, the ADA, and the ADEA. Mr. Effland regularly provides training to his clients in all manner of employment-related topics.

 Articles by this Author

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? ...

Q. Can we ask female applicants about lengthy gaps in their employment histories? I’m afraid that doing so might make it look as though we are digging into personal or family issues that could lead to a claim of gender bias ...
Q. My family owns a chain of electronics stores. We suspect that employees have stolen some merchandise. We want to install surveillance cameras in our inventory storage room and possibly near the back door of the store where the theft occurred. Are there any legal issues that we should take into consideration? ...
Q. I work in HR at a customer call-in center. To make sure we have enough coverage to handle calls, we have a strict tardiness policy. Recently, one of our customer service agents was late for work several days in a row. She is an otherwise outstanding performer and we don’t want to fire her. In the alternative, we would like to suspend her for one week without pay. Is that legal? ...
During this period of high gas prices, telecommuting could help employees cut commuting costs. With the right kind of phone and computer equipment, many workers can do their jobs as effectively from home as they can from their usual work sites. Employers benefit from increased productivity and lower absenteeism, higher retention rates and better employee morale ...
Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. ...
Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? ...
Employees across the country are finding their budgets stretched by rising gas prices, and that means employers are feeling pressured by the pump, too. Companies are struggling to find ways to help workers deal with high prices without raising pay. One of the most popular ways employers are dealing with the problem is to implement a compressed workweek ...
Q. Two of our employees (they aren’t married) are having a child together. I know that spouses who are employed by the same company have to share the 12 weeks of FMLA leave following the birth of a child. How does it work for unmarried parents in a workplace? ...
Q. How often should a company conduct sexual harassment training for its supervisors? ...
Many companies that otherwise permit co-workers to date draw a bright line that prohibits managers from being romantically involved with those who report to them, either directly or indirectly. There are many good reasons for such a prohibition ... Consequently, many companies maintain strict nonfraternization policies between supervisors and subordinates.
For the first time, the Indiana Supreme Court has endorsed a claim brought by a former employee against a supervisor (rather than the company for whom he worked) on the grounds that the general harassment was so severe as to constitute illegal bullying ...
Q. Our facility supplies support services to local hospitals, providing around-the-clock care on an as-needed basis to repair or service equipment. This does not demand a constant, on-site staffing presence, but it does require us to keep certain employees on call during evening and night-time hours. Are we required to pay them for the time they spend on call? ...

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? ...