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.

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Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee's file in advance of a retaliatory firing, which won't look good in court ...

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don't trash any relevant records until you receive official notification that the case has been resolved and won't be appealed ...

Should you guarantee employees confidentiality when they voice complaints to you or to supervisors? Blanket promises of confidentiality could blow up in your face; some laws require you to report illegal or unethical conduct ...

If you treat employees as if they're disabled, they'll garner ADA protections even if they're healthy as horses. Wait for skills testing and medical results to determine an employee's condition; don't make snap judgments ...

Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do? —D.C., New Jersey

Can you probe into employees' conditions when they're returning from medical leave? If you ask too many questions of such workers (or erect too many roadblocks to their return), you'll risk a lawsuit. Use your right to medical certification appropriately, but don't go overboard ...

If your evaluation procedures are too complicated, employees may question whether they're being treated fairly. Mild suspicions can quickly grow into expensive discrimination lawsuits, as a new court ruling shows ...

Employees need to prove they suffered some sort of "adverse job action" (firing, demotion, worse job conditions, etc.) to file a discrimination lawsuit. But variations in work schedules don't necessarily amount to an adverse action. That's true even if an employee's altered schedule results in fewer overtime hours ...

While the ADA was created to stop employment discrimination, the law also requires you to provide equal access (and possibly accommodations) for disabled employees in the area of emergency evacuations from your workplace ...

Q. I support the concept of permitting employees to view their personnel files upon request, but I want to know if any law or regulation requires us to provide access. If so, where can I find out about this law/regulation? I’ve been unable to find the rule, and I’m beginning to suspect that we’ve passed this “law” around so long in HR that we believe it exists. –R.C., Alabama

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