Your employee incurs a slip-and-fall injury. What do you do? You might be thinking this is a trick question. Isn’t it what some would call a no-brainer? Give him/her a claim form, report the injury to your workers’ comp carrier and have the carrier-designated physician conduct a medical examination and see what’s to be done […]
How Listening to the Doctor Can Defeat an Employee’s ADA Claim..
Normally, if you hear that an employee was on medical leave for a stroke, completed rehab, wanted to return to work and that the employer said “No”, you might automatically that the employer’s response is an FMLA or ADA violation, or both. Not always. I often write about cases that allow us to learn from […]
Can You Eliminate a Position…After the Employee Returns from FMLA Leave?
If you have 50 or more employees, chances are, you’ve dealt with at least one employee taking and returning from FMLA leave. If you’ve weathered at least one recession or other financial ups and downs, you’ve probably had to downsize. What happens when both occur at the same time? What happens when you have an […]
Wake Up! You May Not Be Able to Fire an Employee For Sleeping on the Job…
I think we can all agree that employers are entitled to expect employees to show up to work and actually work. That means employees shouldn’t be coming in late, leaving early, gossiping, surfing the internet or engaging in other similar activities when they should be working. They generally shouldn’t be sleeping on the job either. […]
Can You Make Your Employees Get Flu Shots?
Flu season is coming. If you work for a health care institution or organization that could be of particular concern. Mandatory vaccination programs are very common in the healthcare industry. Is it legal? Usually, yes. Some states might even require you to offer the vaccine. But even a mandatory flu shot (or other vaccination) may […]