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. Can our company freely change its paid-holiday policy? Are we bound by certain federal or state laws on holiday pay, for instance? —D.C., Oklahoma

Q. I would like to fire an employee who is unpleasant to work with. We simply don't “click.” Do I have to have cause to terminate him? —A.C., Virginia

Texas employers who fire employees for failing to comply with federal immigration laws needn't fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"...

If you use employment contracts to ensure that you have specially trained employees for a predictable time period, make sure the contract gives you "wiggle room" to terminate the employee ...

To increase your chances of defeating a union drive while avoiding a National Labor Relations Act claim, heed these tips ...

Last summer, the U.S. Supreme Court drafted a broad new legal standard for judging whether a company retaliated against an employee for complaining about discrimination. Now, the lower courts are starting to define what that standard means ...

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination ...

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike ...

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Q. We're afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it's obvious that the injury is still hurting his job performance? —M.D., Wyoming

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