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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OSHA has ordered AirTran, a subsidiary of Dallas-based Southwest Airlines, to pay $1 million in damages after it found the airline retaliated against a pilot who reported safety problems.
The Court of Appeals of Ohio has let stand a decision that denied unemployment benefits to a woman who quit her job so she could move with her husband to California.
Two recent settlements make what should be an obvious point: You can’t misappropriate employees’ retirement money and expect to get away with it. Cases in West Chester and Bethlehem show that the feds will come looking for you, and make you pay it back.
It used to be that before an em­­ployee or former employee could get into federal court with a ­benefits-denial case, he had to show that he was a “plan participant.” But following a recent 9th Circuit decision, merely claiming to have been a plan participant is enough.
Employees won’t get far if they try to sue their employer over discipline that has yet to occur.
Faced with a sick employee, you may recommend short-term disability leave to receive medical treatment. But that could violate the ADA if the employee neither needs nor wants all that time off.
Q. A recently terminated employee demanded immediate payment of his wages and asked us to directly deposit the check into his bank account. I know that Minnesota law requires us to pay the wages through the employee’s last day of employment within 24 hours of his demand. While this employee was normally paid through direct deposit, we cannot coordinate a direct deposit within 24 hours. Can we just send the employee a check by mail?

If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.

Employers that find themselves in the cross hairs of the National Labor Relations Board should get expert legal help, especially if charged with unfair labor practices. That’s because once the NLRB concludes you fired employees for engaging in protected activity, it is very hard to argue against those employees’ eventual reinstatement.

Employers are always looking for ways to reduce their workers’ compensation costs. Maybe making off-the-books payments to a state official isn’t the best way to go about it ...
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