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Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.
As an HR professional, you may come across employment practices that you think violate the law. What you do with that concern and how you express it may make the difference between engaging in protected activity or not—and by extension, whether you can sue for retaliation if upper management punishes you.
California’s Labor Code requires employers to give covered employees a 10-minute break or rest period during each four-hour work period. Many employers have wondered how far they have to go to make sure employees take their breaks ...
Here’s a situation you can use to your advantage if you offer light-duty work to an employee who claims he has become disabled: If he turns down your offer, that could sink any disability discrimination claim he later makes.
Job applicants aren’t required to reveal disabilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.
Some employees might welcome a transfer from a physically challenging job to a more sedentary one. But for someone who liked the old job and doesn’t feel qualified for the new one, the move could feel like retaliation.
Not every injury causes a disabling condition that qualifies for ADA protection.
Sometimes, layoffs are inevitable, something that’s always hard—and often a legal minefield. Get it wrong and your attorneys’ fees can easily exceed the labor costs you hoped to save. Decide who should go in much the same way you decide who should fill a new position.
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?