Generally, employees taking an exam required for promotion should be tested under similar circumstances, take the same test and generally be treated the same. But sometimes, especially during a hands-on test, it becomes obvious early on that the employee does not have the skill to pass. If that’s the case, you can end the test early.
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Don’t think that just because an employee can’t find an attorney to represent her, you’ll easily get a case dismissed. When employees act as their own lawyers, courts try to give them a fair chance to make their case without benefit of counsel. As the following case shows, that can include giving pro se plaintiffs detailed instructions on how to make a winning argument.
Sure, judges expect employers to keep the work environment relatively free from harassment, at least when slurs and other bad behavior come from co-workers and supervisors. But a different, more lenient standard applies when the source is outside the company’s direct control.