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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.

Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?
In baseball, a “squeeze play” is a risky gamble. According to OSHA, Pittsburgh-based Dick’s Sporting Goods almost gave a whole new meaning to the phrase.
Dr. A. Scott Santucci, a dentist in Niles, faces charges he harassed employees who refused to clean up two separate mercury spills at the practice’s office in 2010.

Employees who receive workers’ compensation payments for on-the-job injuries are assumed to have retired when they hit age 67. But a recent lawsuit argued that workers’ comp payments had to continue past that cutoff age because an employer had negotiated a legal settlement that didn’t specify that the payments would end at age 67. Fortunately, the Supreme Court of Minnesota has ruled otherwise.

Some public employees think they are protected from retaliation anytime they speak out. It’s not true.

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.
There’s a new legal worry for organizations that receive federal funding contingent on complying with performance conditions. Under the federal False Claims Act (FCA), employees reporting wrongdoing may receive a whistle-blower award worth up to 25% of funds wrongly received by their employer.
Some schoolyard bullies grow into workplace bullies. In most cases, their behavior won’t lead to a lawsuit. But that’s not always the case.