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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Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give the employer the opportunity to try to right the wrong.
Reductions in force (RIFs) are a fertile ground for employee lawsuits to sprout up. But as this ruling last week shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …
If an employee has a disability it’s like they become untouchable, right? Wrong! As one court recently noted, following your policies consistently can be a lifesaver against claims of discrimination—even when terminated employees are in protected categories…
Remember the good ol’ days when you could fire someone based on performance? All you needed was proper documentation. Well, those days are over. The U.S. Supreme Court has created a whole new class of plaintiffs—and added an extra step to your termination checklist…
In Hollywood, couples break up every few seconds because of incompatibility. But is “incompatible work styles” a good enough reason to divorce yourself from an employee? This week, one court said it is. However, be aware they will look at your reasoning with caution…
The Fair Labor Standards Act (FLSA) is one tough wage-and-hour law. Playing with it can create drama and cause trauma—especially when it comes to paying overtime or, in a case this week, not paying overtime…
Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last week said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story…
Does your call-in policy demand that employees contact their supervisor daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling said last week …
So you have written job descriptions that list essential functions of the job. That’s smart because the EEOC says disabled employees “must also be qualified to perform the essential functions of the job (with our without a reasonable accommodation) in order to be protected by the Americans with Disabilities Act (ADA).” But what counts as an essential function? As this case shows, your opinion may differ from a court’s …
You’ve had it up to here. Now it’s time to fire a poor performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …
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