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. Could you explain the National Labor Rela­tions Board’s recent challenges to at-will employment policies?
Disabled employees may ask for a transfer to a job closer to home to ease a difficult commute, but the ADA doesn’t obligate employers to help.
The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be en­­forced. The provision didn’t stand out, didn’t require a signature and could be changed by the employer at any time. The court said that rendered it unconscionable.
Q. One of our employees physically threatened her co-workers. When confronted about the incident, the employee claimed that her behavior resulted from being bipolar. May we ask the employee to provide medical certification to prove that she is bipolar?
The Court of Appeal of California has upheld an arbitration agreement included in an employee handbook. The difference between this case and the arbitration case in "Don't bury arbitration agreement in handbook": The agreement was clear and obvious.
If an employee who is also in the military is called to active duty, is released with an honorable discharge and asks to return to his old job, you cannot place any extraneous conditions on his return.
Now that the individual mandate for health insurance has been upheld constitutionally, the question remains: How will it be enforced?

Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?

In a continuation of its recent anti-employer rulings, the National Labor Relations Board is now focusing on a staple of employee handbooks—at-will employment clauses that notify employees they can be terminated at any time for any lawful reason.

Promotion and demotion decisions are often subjective, so they leave employers open to charges of bias. To alleviate even the perception of discrimination when making promotion and demotion decisions, an employer should have sample letters and objective documentation, rules for dealing with unhappy employees and checklists for reducing the risk of bias in promotion and demotion decisions.

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