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Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.
Federal employees have just 45 days after a discriminatory act or decision to file an internal complaint.
When you talk with employees about their performance reviews, beware of using common phrases that can unintentionally communicate the wrong message, or come across as too negative or personal. Certain phrases can kill employee morale, weaken productivity or open up the organization to a discrimination lawsuit. Avoid the following phrases...
Joined, Inc., has agreed to issue $439,000 in back pay to 58 workers following a U.S. Department of Labor Wage and Hour Division investigation.
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.
For several years, we have somewhat vaguely referred to the “sharing economy” when discussing such enterprises as the Uber and Lyft ride-hailing services, online errand-running brokerage TaskRabbit and ad hoc hospitality matchmaker Airbnb.
Under California law, not every work product amounts to a trade secret. For example, an ordinary customer list with information generally available through open sources isn’t subject to protection.
Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.
Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.