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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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Under a new policy, OSHA is contacting employers who’ve received Ergonomic Hazard Alert Letters (EHALs) in the past five years to determine whether those employers have fixed their ergonomic deficiencies.
When you talk with employees about their performance reviews, beware of using common phrases that can unintentionally communicate the wrong message, or come across as too negative or personal. Certain phrases can kill employee morale, weaken productivity or open up the organization to a discrimination lawsuit. Your goal is to deliver reviews that help shape […]

Many HR professionals (and most supervisors) aren't prepared when called to serve as witnesses. One simple mistake can hurt your organization's chances and damage your professional image. Use the following eight tips to create practice sessions for yourself and other employees who serve as witnesses ...

Warn your supervisors that if they quickly schedule negative employee reviews—particularly after an employee files a complaint—they could appear to be papering the employee's file in advance of a retaliatory firing, which won't look good in court ...

Infighting among union groups has the labor movement cranking up its organizing efforts to prove a point. Many employers panic when they become union targets, tripping over costly labor relations rules. Follow these steps to avoid becoming a union target ...

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don't trash any relevant records until you receive official notification that the case has been resolved and won't be appealed ...

Should you guarantee employees confidentiality when they voice complaints to you or to supervisors? Blanket promises of confidentiality could blow up in your face; some laws require you to report illegal or unethical conduct ...

If you treat employees as if they're disabled, they'll garner ADA protections even if they're healthy as horses. Wait for skills testing and medical results to determine an employee's condition; don't make snap judgments ...

Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do? —D.C., New Jersey

Can you probe into employees' conditions when they're returning from medical leave? If you ask too many questions of such workers (or erect too many roadblocks to their return), you'll risk a lawsuit. Use your right to medical certification appropriately, but don't go overboard ...

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