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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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. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We've offered him other positions, but he's refused them all. Can we legally terminate him? —L.B., North Carolina

Q. We require, as a condition of employment, that our employees agree to resolve all disputes by binding arbitration, rather than going to court. One of my friends said a lot of the government agencies don't like those kinds of arbitration policies and one agency even decided that they were illegal. I know lots of employers have binding arbitration, so I don't think that could be right, but thought I better check. —S.T.

Pennsylvania law makes it easy to enforce noncompete contracts. But trying to make a business-interference claim against an ex-employee is almost a lost cause ...

When it comes to collecting proof about an employee's FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave ...

Here's more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision ...

Employees who work for religious organizations, such as church schools, can’t sue for retaliation under Florida’s Private-Sector Whistleblower Act, even if the conduct they report is clearly illegal ...

Q. One of our employees has multiple sclerosis and isn't meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania

Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation? —R.M., Illinois

Q. We terminated an employee after we caught him downloading software and movies onto his own CDs and DVDs. After he left, we found discs that contained copied movies in his desk. Now he's asking for his belongings back. Are we required to return the discs? —D.V.

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