It’s 10 a.m. Your employee hasn’t shown up to work. S/he was supposed to be in by 8:30 a.m. Or maybe your employee is working remotely during the pandemic. The employee missed a scheduled call. You send an email. No response. You call. No response. You’re annoyed. There are deadlines. You can’t have your employees […]
Your employee has just told you she is pregnant. What do you do? Do you: A. Decide it’s time to celebrate, throw a party and buy lots of booties; B. Fire her once she’s five months pregnant. That’s your company’s policy. C. Congratulate her, ask her when she is looking to go out on leave, […]
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 […]