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.

Just because an employee urges you to investigate alleged discrimination, don’t assume you have to treat that person with kid gloves. If it turns out that the complainer was actually the one causing the problems, you can—and should—take action ...

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor ...

Warning: If you terminate employees who take more than 12 weeks off in a given period, you may be violating the FMLA even if you allow employees their full FMLA allotment of 12 weeks unpaid leave ...

Q. We're a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

Q. Our company employs fewer than 50 people, so we don't have to comply with FMLA. Do we need to mention that fact in our employee handbook? —G.R., Michigan

Q. Is it legal to require management employees to give us a longer resignation period than other employees? —M.L., Missouri

Q. Are there any questions we cannot or should not ask a reference when screening applicants? —B.B., Louisiana

Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for months at a time? —M.S., Ohio

Employees who are infertile may qualify for reasonable accommodations under the ADA. That's true even if the underlying medical condition that caused the infertility has been cured. As a result, you may be required to give infertile employees time off for fertility treatments and even adoption planning ...

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call ...