Case In Point

Mindy Chapman Esq. is the founder of the nationally acclaimed “Workplace
Training that Clicks & Sticks™” and co-author of the American Bar
Association’s best seller and authority on civil rights training, “Case
Dismissed! Taking Your Harassment Prevention Training to Trial.” Case In Point is an entertaining look at the employment law cases impacting you today, plus practical ways to protect yourself and your company.

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Document! Document!! Document!!! Isn’t that what we are always screaming at managers to do? Where’s your documentation? It’s the number one HR question asked when a manager expresses a desire to fire an employee. In many cases, that documenation involves a performance improvement plan, or PIP. As this new court ruling shows, be careful that your PIP isn't set up to make the employee fail ... or you could be setting yourself up for a discrimination lawsuit.
Are you joshing me? Employees post on their Facebook pages everything from photos of themselves drunk while wearing grass skirts to doing handstands in miniskirts. At last count, the 901 million Facebook users have more than 125 billion “friends.”

But, who is really your friend on Facebook? If a manager strong-arms a co-worker to get access to an employee’s Facebook page, is that an invasion of your privacy? One court recently held it certainly might be. Read on to see how this case is helping us to better define the social media boundaries and avoid the cyber landmines …

You must allow employees to take job-protected FMLA leave for certain medical treatments. But what counts as “treatment”? Do you have to grant time off for workers to refill their prescriptions? While the employee is doing so, maybe they can pick up a donut, cup of coffee and a magazine. Is that all covered, too? Stop! One court recently ruled that the act of getting a prescription refill is not covered by the FMLA … but be careful.
Complying with the Americans with Disabilities Act (ADA) is like walking a tightrope over Niagara Falls, only without a tether. If you fall off, you end up by getting whisked away by lawsuits and drowning in litigation. That’s especially true when it comes to the ADA’s rules on medical inquiries about employees. Where’s the balance between asking for too much (or not enough) information?
Do you think you may have a few alcoholic employees at work? Does the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA) require you to accommodate their alcoholism? This new court ruling shows that having the right blend of policies in your employee handbook will help you lawfully terminate an employee who comes to work under the influence without violating the ADA or FMLA …
Managers often want to send their poor performers packing with a Trump-like point of the finger and a hearty “You’re fired.” No advanced warning … no documentation. But as this new ruling shows, if your paper trail on the employee’s performance is lacking (or inconsistent with reality) you’re setting yourself up for a discrimination lawsuit …
Do you get nervous and sweaty when an employee asks for leave under the Family and Medical Leave Act (FMLA) to help a sick family member? What kind of “needed care” is really needed to be eligible for FMLA leave? A court’s ruling last month helped further define the boundaries …
Finally! A court has figured it out. When disabled employees take leave under the Americans with Disabilities Act (ADA), it’s not always an open-ended ticket to calling in absent. If regular attendance is an essential element of the job, then calling in absent is not a “reasonable” accommodation.
Do you have a soft heart? Do you sometimes grant employees “special leave” to take care of their school-aged kids? We’re not talking about sick kids whose parents may be entitled to coverage under the Family and Medical Leave Act (FMLA). We are talking about Suzie-has-a-school-play leave and Jonnie’s-school-is-closed-today leave. Beware if you allow such leave for working moms but not working dads. One court just warned, “A company’s ‘special leave’ not grounded in law just may be discriminatory.”
Who’s considered “disabled” under the Americans with Disabilities Act (ADA)? Ever since the passage of the ADA Amendments Act (ADAAA) a few years ago, the better question has been “Who isn’t?” The new law eased the definition of disability, allowing many more employees to earn accommodations at work. In this new case, a court has ruled that an employee may be protected if she can’t pick up something as light as a gallon of milk …
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