Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.
Q. We have a male employee in our accounting department. He recently told us that he plans to start presenting himself as female and is thinking of undergoing surgery to transform to a female. We think we will have employees who are really uncomfortable with this situation, so we are wondering if we can terminate our accounting employee or if this might get us into trouble?
From establishing inclement weather policies to rethinking year-end bonuses, check out our guide to surviving the cold and the unexpected.

Generally, employees have to file EEOC discrimination complaints if they want to go to federal court with their claims. The EEOC eventually will issue a right-to-sue letter, giving the employee 90 days to commence litigation. But that can take years. If the employee waits to file a re­­lated FMLA lawsuit, she may be out of luck, since FMLA claims must be filed within two years of the alleged wrongful conduct.

These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.
Most employers allow some kind of flexible working arrangement. However, that’s often due to casual agreements between bosses and workers. Informal flex deals are more common than formal policies.
With seasonal hiring expected to be at its highest level in years, fraud experts warn that companies that loosen their usual processes to ramp up staffing can wind up increasing their fraud risk.

The idea behind arbitration agreements is that handling workplace disputes in arbitration instead of court is easier, less expensive and less time consuming. But don’t think that having arbitration agreements in place will automatically block lawsuits in federal court.

Courts don’t want to spend all their time mediating minor workplace disputes. Judges aren’t HR professionals and don’t want to run your business. Keep that in mind the next time an employee files a lawsuit based on one or two allegedly hostile incidents. Chances are, the case will be dismissed.
Here’s a reminder that you should not ignore complaints about workplace harassment—or promise to take action but then fail to follow through. Not only may this mean a discrimination or harassment lawsuit, but the employee could quit and qualify for unemployment compensation, too.
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