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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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Texas law makes it illegal to fire an employee in retaliation for filing a workers' compensation claim. But that doesn't mean employees are untouchable just because they're out on workers' comp. You can legally discharge injured workers under a reasonable absence-control policy that applies to all employees, regardless of how they were injured or became ill ...

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance ...

You may think it's obvious, but it has taken a federal appeals court to make clear that employees have no federal right to competent employment-law counsel, as offered in criminal cases. Employees who pick incompetent attorneys don't get a second chance to sue. That's good news for employers, who won't have to face the same lawsuit again if an employee's less-than-stellar lawyer bumbles the case ...

If an employee is suffering from performance problems and wants a transfer to another supervisor or position, be careful which details in the person’s history you share with the new manager. That’s especially true if the employee has a history of filing legal complaints ...

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason ...

Frivolous lawsuits will forever be a thorn in the side of HR. But, according to a new report, employees are becoming more successful in job discrimination complaints filed with the EEOC ...

Unions are making headway in Florida, a state that the national unions once considered “unwinnable” ...

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month's notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers' comp ruled that her absence was work-related and it dated her workers' comp claim back to Sept. 3. So, they're now saying that her FMLA leave won't start until she is officially released from workers' comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

Q. A former employee recently filed a complaint against my company with the Equal Employment Opportunity Commission (EEOC) alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews? —D.N., Colorado

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