Individual managers, officers, HR pros and the like can be held personally liable for certain employment law violations. How can that be? The company is the employer, not the manager. Don’t most of the relevant laws say so? Some of them do.
Employee leave abuse has gotten a lot of attention. The most common example is the employee who requests and gets approval for FMLA leave and the employer learns that s/he is really on a trip. That’s not surprising. You’re probably thinking, ” Isn’t that a no-brainer?”. The answer really depends on the specific facts. What happens if an employee requests leave to receive and recover from surgery and s/he spends part of that recovery period on vacation?
Suppose you run a service business with a front desk — a hotel, perhaps. Or you hire cashiers to work at a cash register. You need employees to work at that desk or cash register. Most of the time the desk clerk or cashier is standing, right? Is it necessary that they stand for the […]
Let’s face it: Medical marijuana is not going away. More states are legalizing it, and some states have already legalized recreational marijuana as well.. At the same time, marijuana remains illegal under federal law. Many employers run pre-employment drug screening, and many–at least up until recently–would refuse to hire anyone testing positive for any illegal […]
An employee goes out on FMLA leave. While the employee is on leave, the employer contacts her. Six days before the anticipated end of that leave the employer fires the employee. The employee sues, alleging FMLA interference. Who wins? In this case, the employer did. Let’s delve into some of the details to learn why […]