This is a trick question, right? I mean, isn’t asking an applicant or employee about drinking habits a violation of the ADA? Under the ADA, alcoholism is a protected disability The answer to any such questions could reveal that disability, and if the employer bases its decisions on that response, it could be liable for […]
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?
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 […]
What happens when your previously top-performing employee starts having attendance issues? Sounds like a no-brainer, no? You talk to the employee and document the verbal counseling. If it continues you might progress to a write-up. What happens when s/he tells you s/he has been diagnosed with depression, and is adjusting to medications? Your first thought […]
We live in a country that affords us many individual freedoms, among them the right to observe the religion of our choice (subject to some reasonable limits). When a job requirement interferes with a sincerely held religious belief an employer must at least try to provide a reasonable accommodation. Generally speaking, employers must not discriminate […]