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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

The Minnesota Supreme Court has ruled that employees don’t automatically become eligible for unemployment compensation benefits just because their employer didn’t follow its own progressive disciplinary policy outlined in the employee handbook.

Employers and disabled employees are supposed to engage in an interactive process to decide on reasonable accommodations. It should be a two-way conversation. If you suggest possible accommodations and the employee either turns them down or doesn’t follow through, make sure you create a solid, contemporaneous record of the discussions.

Perhaps nothing is more offensive—and terrifying—to black employees than the implicit message behind a noose. Triggering images of Jim Crow-era lynchings, the noose is a powerful symbol. But that doesn’t mean that its appear­ance at work always means employer liability.

It’s one thing to grant a reasonable accommodation request. It’s another thing entirely to make the accommodation happen. Once you have approved an accommodation, someone from HR must ensure the decision is implemented.

Don’t make a common employer mis­take and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.
Here’s something you may not have considered when agreeing to settle a nuisance case for a few thousand dollars. Most of the time, you will need to withhold federal and other taxes. Be­­cause of a relatively recent change at the IRS, unless payment is for a physical injury, the proceeds are fully taxable.
Two former employees at electronics company Eaton Corp. have filed suit in a New York federal court, claiming the company systematically discriminates against women.
The nonpartisan California Legislative Analyst’s Office (LAO) has urged state law­makers to consider rejecting some or all of six new collective bargaining agreements negotiated with state employee unions in March.