Complaint + sudden criticism = retaliation

  • November 13, 2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is...

Beware bias peril built into applicant tests

  • November 09, 2012

Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant...

Sleeping on the job? No unemployment benefits

  • November 04, 2012

Employers that fire a worker for being caught sleeping on the job may not be liable for unemployment compensation benefits. On-the-job snoozing can be considered...

New hire requests FMLA? Beware retaliation

  • October 21, 2012

Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee...

OK to terminate, even after FMLA leave request

  • October 13, 2012

If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision...