Employment Law

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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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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

The so-called paperless society ushered in by the computer age may mean fewer file cabinets and storage rooms full of paper records, but storing company records on hard drives has its own set of problems ...

More organizations are establishing mandatory arbitration agreements that require employees to arbitrate employment disputes rather than go to court. But if you're considering such agreements, make sure they contain language that covers events that occurred before you put the arbitration policy in place ...

The EEOC, the federal agency that enforces the ADA, recently issued guidance to help employers accommodate hearing-impaired employees and applicants. The guidance provides employers with real-life examples of hearing-impaired employees and what rights they possess under the ADA ...

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 ...

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance ...

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