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. Our office of about 30 people has been “asked” to stop using perfume and any other type of product that contains a fragrance because one employee claims those smells “bother” her. Everyone else feels this unfairly restricts the freedoms of the majority. Is there any legal backing to either side of this debate?
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation? 

Do your hiring managers know the law when it comes to asking medical or health-related questions during job interviews? Are your job applications toeing the legal line and complying with the ADA?

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

The DOL is planning to survey workers on their knowledge of basic employment laws, so it can gauge their experiences with worker misclassification. Beware: This may be the best indication yet that the DOL is planning to crack down on employers that misclassify employees as independent contractors.
A South Carolina man has been convicted of workers’ compensation fraud for bilking the Ohio Bureau of Workers’ Compensation out of $143,203.33.
Amendments to Labor Code Chapter 2.5 implementing AB 1844 took effect Jan. 1. The amendments bar employers from asking employees or job applicants for any social media account information.
Consult your attorney before settling any internal discrimination complaint. If the employee has already filed an EEOC or other complaint, giving her what she originally wanted may not be good enough unless there’s a formal, binding settlement agreement.

Q. If we see in the local paper that one of our employees has been charged with possession of an illegal substance, is that enough cause to have him take a drug screen? 

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