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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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 ...

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 ...

New York employers, beware: The state law that protects employees from disability discrimination covers more ailments and impairments than the federal ADA ...

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. 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

Q. During a recent Internet chat room exchange, an individual self-identified as an employee came to our company's defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What should we do? —C.F., New Jersey

Q. In the December 2000 issue, you discussed the topic of employees with body odor. We also have a staff member with body odor so bad that other staff members have complained and even threatened to leave the agency. The employee has been disciplined several times and required to go home without pay until she agrees to comply with the dress code. At what point can we legally terminate her? —A.S., Michigan

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