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by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR manager may be […]
The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the year, the beginning of a new year, or at various times, it’s important to keep the basics of legally sound […]
by Gary S. Fealk The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees. Know what’s covered Protected activity in general. Any group of nonunion employees may engage in activity protected by the NLRA. Whenever employees engage […]
by Robert M. Vercruysse Detroit is leading the pack again. Unfortunately, the ignominious trail the Motor City is blazing leads to federal bankruptcy. Although Detroit is the largest U.S. city to take this path to date, the financial difficulties it hopes to solve are hardly unique in recent years. Detroit’s experience could establish a workable […]
by Richard Rainey As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our […]
Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]
by Mark I. Schickman True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or […]
It’s flu season, a time when every cough and sneeze can strike fear into the hearts of both employees and employers. Nobody wants to come down with a coworker’s case of flu, and employers needing all hands on deck don’t want significant numbers of workers out sick. Therefore, some employers—particularly those in the healthcare field—mandate […]
Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made. A recent termination of an employee apparently trying to do the right thing has sparked headlines and illustrates the dilemma […]
by Susan M. Webman Monday is Veterans Day, so we wanted to take this opportunity to remind you of some of the laws that regulate employing the men and women who have served our country as well as the opportunities that come along with employing veterans. The government’s recent focus on veterans’ employment issues, in […]