Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

Workers Who Lied About Violating Company Rule Fired, One Who Told Truth Keeps Job

You have several employees you’ve caught red-handed violating a company rule that your employee manual says may justify termination for a first offense. When questioned, one admits to the wrongdoing; the others deny it. Can you fire the employees who lied but retain the other employee with a lesser disciplinary measure? According to a recent […]

Telecommuting: Tips for Managing Employees Who Work From Home

by Brian Molinari The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through […]

Why Employers Can’t Ignore Social Networking Sites

Over the last several years, social networking websites like Facebook, MySpace, LinkedIn, and Twitter have evolved to the point where most employees use at least one, if not several, of them throughout each day. Social networking sites provide an easily accessible medium for individuals to stay in contact with friends, colleagues, clients, prospective clients, and […]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

Employer’s Guide to Writing Employee Handbooks

by Peter M. Panken An employee handbook tells workers what they’re getting, instills a team spirit, and lets people know what the rules are. It should emphasize the employer’s fair treatment and how it provides significant benefits like vacations, holidays, health insurance, and retirement benefits. It lets the workers know they can grieve to get […]