An employee’s various health problems and injuries caused her to accumulate multiple absences, and she was terminated. Is she entitled to unemployment benefits under South Dakota law?
A new study released by leadership development and conversation experts at Fierce, Inc. finds that toxic employees continue to wreak havoc on the workplace. However, instead of confronting them, other employees do little to address them directly.
National Labor Relations Board (NLRB) Chair Philip Miscimarra’s reported decision to leave the Board when his term expires on December 16 rather than allow himself to be considered for another term has probusiness Board watchers looking ahead and lamenting the loss of his contributions to NLRB decisions.
A New Jersey appellate recently heard claims from a former employee who alleged that she felt compelled to resign because of her supervisor’s inappropriate comments and other workplace disputes. Was the employee entitled to unemployment benefits?
A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them. But here we present a unique scenario that […]
One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]
Yesterday I flew to New Orleans to attend SHRM’s 2017 Annual Conference & Exposition. Professionally I am an editor. But when I am not working, and sometimes when I am, I am a consumer. To say that I am a hard sell is an understatement. In fact, 99.9% of the time I do not buy […]
Employers are in a delicate situation when an employee needs to take bereavement leave—not only must they deal very sensitively with the employee who has suffered a loss, but they also must be sure to handle the situation in a way that is both fair (to all employees) and flexible (since each situation may be […]
When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case.
In a recent opinion, the 4th Circuit held that an employee failed to show that his former employer’s stated reason for discharging him was a pretext, or excuse, for retaliation based on his use of leave under the Family and Medical Leave Act (FMLA).