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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy ...

A federal judge has stopped implementation of the Department of Homeland Security’s (DHS) new rules on how employers should respond to “no-match” letters. Now unless the judge rules differently at trial, it's back to square one for DHS.

Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho ...

Performance appraisals are valuable tools to help put struggling employees back on track. But a low rating also can spur poor performers to consider legal action: Many discrimination suits have been launched on the wings of a poor performance appraisal. Fortunately, employers with solid appraisal systems usually have built-in defenses against such charges ...

The sooner you resolve lawsuits, the better. That’s why it’s important to anticipate problems and plan for them. Take, for example, employee records. If you can easily produce statistical information on the race, sex, age or other protected characteristics of your employees, you often can persuade an attorney fishing for a lawsuit that the waters are empty.

The ADA is a tricky law. Not only is it illegal to discriminate against applicants and employees with disabilities, but it’s illegal to perceive as disabled those who actually aren’t. It’s no wonder many employers fear that making accommodations might backfire. So they put off agreeing to accommodations and wait until they're sure an employee really is disabled. But that’s the wrong response ...

Why bother to wordsmith and labor over every word in your employment policies? Because sometimes an employer’s own pen can create liability. That was the case recently for an Illinois employer that will now go on trial for allegedly violating federal and state wage laws. Exhibit A on the list of evidence against the company: its employment policy handbook ...

Employers can require employees who are off work for an FMLA-qualifying illness (their own serious health condition or that of a child, spouse or parent) to provide updates on their conditions. But watch out if you have a policy that calls for termination if the employee fails to report for work when his doctor said he would be ready to return—especially if more FMLA leave is still available. Make absolutely sure the employee knows about the rule ...

Ohio is an at-will employment state, meaning that employees can be fired (and quit) for any reason or no reason as long as the employer doesn’t violate a specific anti-discrimination or other law. But employers and employees can change their relationships to a contractual one by agreement. If they do, then it becomes much harder to fire that employee without a rock-solid reason ...

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