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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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Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability ...

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval ...

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints ...

Employers at a post-Hurricane Katrina job site recently agreed to settle a lawsuit brought by the family of a Texas construction worker who died while doing repair work at a warehouse in Louisiana. Bobby Patton was working on a hurricane-damaged roof when he fell through an unmarked skylight to the concrete floor ...

Do you have an employee who doesn’t seem to be getting along with anyone? Has he complained about discrimination or some other supposed wrongdoing? If so, document the problems. If you don’t, you create legal risks ...

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance ...

Texas employers frequently face problems associated with retrieving company property from disgruntled former employees. Let's use a hypothetical scenario to answer questions on whether or when you can make payroll deductions for the missing property ...

Last year, the North Carolina Department of Labor’s Occupational Safety and Health Division found more than 9,000 serious violations at nearly 5,000 workplaces. Here are the 10 most frequently cited serious violations in private-sector general industry, followed by the specific OSHA standard ...

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace ...

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership ...

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