Case In Point — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 5
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Case In Point

Case In Point

Mindy Chapman Esq. is the founder of the nationally acclaimed “Workplace
Training that Clicks & Sticks™” and co-author of the American Bar
Association’s best seller and authority on civil rights training, “Case
Dismissed! Taking Your Harassment Prevention Training to Trial.” Case In Point is an entertaining look at the employment law cases impacting you today, plus practical ways to protect yourself and your company.

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At termination time, too many managers take a “more is better” approach to stating grounds for a firing. But courts won’t give you extra points for extra justification. In fact, as this new case shows, piling on the termination reasons—or shifting those reasons—will smell mighty fishy in court …
When you grant an employee FMLA leave to care for a sick relative, do you wonder what type of “care” they must really be giving to qualify for time off under the FMLA? This new court ruling defines care as being in physical proximity to the relative. Cutting the lawn in a different time zone doesn’t cut it under the law …
If you’re an HR professional, manager or executive, you wear a lot of hats. Right? One of those hats is as a performance management coach. Coaching is always well intended … at least it’s supposed to be. But, as one court recently noted, be very careful when coaching—you might just end up wearing a defendant’s hat in a discrimination lawsuit ...
Think you can close the book on an employment lawsuit once you’ve paid off the jury verdict? Think again. As this case show, the court can still have its claws around your organization’s throat for a long time …
Think you can close the book on an employment lawsuit once you’ve paid off the jury verdict? Think again. As this case show, the court can still have its claws around your organization’s throat for a long time …
Think you can close the book on an employment lawsuit once you’ve paid off the jury verdict? Think again. As this case show, the court can still have its claws around your organization’s throat for a long time …

Ever wonder if your employees out on FMLA leave are really sitting on a beach sipping a drink with a little umbrella in it? If you think employees are violating your policies, what can you do? One court ruled last week that you can fire such an employee … but first make sure you have the right policies in place.

If you’re worried that an employee or ex-employee will break into your computer network and damage the company, a new court ruling give you new teeth to enforce your policy … and it gives employees something to think about before commit e-sabotage...

In the past few weeks, several Hollywood celebrities—including Catherine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bi-polar disorder, a mental illness defined by high and low mood swings. Even Charlie Sheen has dubbed himself “bi-winning.” But what if a bipolar employee exhibits threatening behavior—can you discipline the action, or must you accommodate the disability? Do anti-violence policies trump employee disability rights? Here what one court said this month …

In the past few weeks, several Hollywood celebrities—including Catherine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bi-polar disorder, a mental illness defined by high and low mood swings. Even Charlie Sheen has dubbed himself “bi-winning.” But what if a bipolar employee exhibits threatening behavior—can you discipline the action, or must you accommodate the disability? Do anti-violence policies trump employee disability rights? Here what one court said this month …

Do your supervisors know it’s illegal to lash out at or get revenge on employees who voice legal complaints? While race discrimination has historically been the most popular employee discrimination claim with the EEOC, retaliation took over the top spot last year. A $3 million jury verdict this week shows how America is becoming Retaliation Nation …
Ever wonder what role employees who make sexual harassment claims have in fixing the problem? One court recently ruled they at least have to give the employer the opportunity to try to right the wrong.
Reductions in force (RIFs) are a fertile ground for employee lawsuits to sprout up. But as this ruling last week shows, even when a company conducts a perfectly good RIF procedure, it can be torpedoed in court by a manager’s untimely comments …
If an employee has a disability it’s like they become untouchable, right? Wrong! As one court recently noted, following your policies consistently can be a lifesaver against claims of discrimination—even when terminated employees are in protected categories…
Remember the good ol’ days when you could fire someone based on performance? All you needed was proper documentation. Well, those days are over. The U.S. Supreme Court has created a whole new class of plaintiffs—and added an extra step to your termination checklist…
In Hollywood, couples break up every few seconds because of incompatibility. But is “incompatible work styles” a good enough reason to divorce yourself from an employee? This week, one court said it is. However, be aware they will look at your reasoning with caution…
The Fair Labor Standards Act (FLSA) is one tough wage-and-hour law. Playing with it can create drama and cause trauma—especially when it comes to paying overtime or, in a case this week, not paying overtime…
Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last week said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story…
Does your call-in policy demand that employees contact their supervisor daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling said last week …
So you have written job descriptions that list essential functions of the job. That’s smart because the EEOC says disabled employees “must also be qualified to perform the essential functions of the job (with our without a reasonable accommodation) in order to be protected by the Americans with Disabilities Act (ADA).” But what counts as an essential function? As this case shows, your opinion may differ from a court’s …
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