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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.

The end of U.S. military combat operations in Iraq means that more "citizen soldiers" will be returning to the civilian workforce. That makes it critical for HR professionals to understand USERRA, the federal law that protects the employment rights of military reservists and National Guard troops. Here's a primer.

Employment-at-will says that unless an employee is hired for a specific term, either the employer or employee can end the employment relationship at any time, for any reason, or no reason at all. But employers have the added burden of ensuring that: no terminations are based on a protected activity or a biased choice ...

The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Constructive discharge occurs when employees claim that their working conditions were so intolerable that they were forced to quit. Employers must stay within federal labor laws so they don't contribute to factors that trigger constructive discharge claims, and don't heighten the risk of employee lawsuits.
Employers must be careful of not only what they say, but what they do, so as not to trigger employee defamation lawsuits. Issues surrounding defamation claims include offering negative references, definitions of qualified and conditional privilege, and steps that can lower defamation culpability.

The EEOC numbers announced this month show that America’s ongoing economic struggles are continuing to fuel the job discrimination fire in 2011. Employees filed 99,947 charges of job discrimination with the EEOC in fiscal year 2011. That’s the highest number of job bias complaints filed by employees in the EEOC’s 46-year history.

The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.
Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.
With the Occupy Wall Street protests spreading to dozens of U.S. cities, you may be faced with workers who join in such activities, whether in person or via social media. How should you respond?

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.