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In 1914, Swedish priest Nathan Söderblom was third on a list of three candidates for archbishop of Uppsala: in effect, head of the Church of Sweden. Ahead of Söderblom stood two distinguished bishops. Customarily, the king of Sweden chose the first name on the ballot. But in 1914, he chose Söderblom, the first time since 1670 that a bishop was not chosen.
The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.
A workplace conflict that started with jewelry has escalated into a case of dueling lawsuits. On one side: Jamie Errico, former vice president of sales for Manhattan watch retailer Concepts in Time, who has filed a gender and religious discrimination suit against her former employer. On the other: The store’s owners, who are suing Errico for trying to poach customers.
When you have to fire a protected-class employee for sexual harassment, there’s always the fear that he will turn around and sue for discrimination. But remember: Credibility plays a part in deciding what happened in cases of alleged harassment. If a respected and trusted employee made the harassment accusation, the fired worker will have a hard time winning a lawsuit.
Courts don’t want to be surrogate HR directors. That’s why they don’t insist that employers do everything exactly right. Courts understand that employers can and do make mistakes. As long as those mistakes aren’t excuses to cover up illegal discrimination, they won’t be the basis for a successful lawsuit.