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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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Chances are your anti-harassment policy includes instructions for reporting any problems. That’s not enough—you also must make sure the policy is implemented. But don’t worry if circumstances require you to veer slightly from the policy ...

Employers don’t have to be perfect decision-makers—just honest ones. That means that disciplining or even firing someone because you believed the employee violated a rule is OK even if you turn out to be wrong about the violation. Be prepared, though, to prove to a court that your belief was based on particular facts, not just guesses ...

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 ...

It seems everybody’s a comedian at the Ohio Department of Transportation (ODOT), where off-color e-mails have been flying. Unfortunately for ODOT, not everyone in the audience is laughing. One incident involved an equal employment opportunity officer in the department’s Lima office, who sent an e-mail to a number of ODOT employees featuring a picture of a woman with large breasts and a caption ...

Lake Ridge Academy, a private K-12 school in North Ridgeville, has been hit with two lawsuits claiming it fired James Whiteman, head of the elementary school, for inquiring about the differences between female and male teachers’ pay ...

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations ...

Over the years, the RiverBay Corporation disciplined Co-op City porter Paulino Valenzuela for drinking beer on the job, cursing and threatening to kill his supervisor, Audley Bent. Finally the company, which manages the Bronx housing complex, fired him. On Aug. 30, Valenzuela made good on his threats ...

Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker ...

Employers can’t retaliate against employees for filing discrimination claims. But that doesn’t mean you have to treat such employees with kid gloves. Just tell managers and supervisors to apply the “smell test” to any proposed change to the complaining employee’s work assignments ...

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