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An employee with cancer will be covered as a disabled employee as defined by the ADA, and as such, employers need to understand what types of accommodations might be appropriate for an employee with cancer who is returning to work.
By now, you’ve probably seen (or at least heard about) Marina Shifrin’s viral “quit-eo,” in which she announces her plans to depart her job at a Taiwanese video animating company via homemade dance video – filmed at 4:30 am in her soon-to-be-former, cubicle-filled office:
What's an employer to do when there is ample documentation to terminate an employee, but the employee has recently engaged in a protected activity? For example, what if the employee files a workers' compensation claim or takes FMLA leave in close proximity to performance issues? This presents a real timing dilemma for employers: Doesn't it look retaliatory to terminate the employee immediately after the protected activity?
In California, PTO is legally the same as vacation. An employee may use the time for any reason she or he likes, subject to notice and scheduling requirements. PTO, like vacation pay, also "vests" as it is earned/accrued over time and must be cashed out at termination.
When dealing with employee performance management and employee terminations, it is paramount to ensure that the documentation is accurate, fair, and consistent with verbal explanations. This seems simple enough, but it's all too easy to get into a situation where a simple omission or a sugar-coated explanation can land an employer in court.
Should your organization have a sales compensation strategy that focuses on tying salaries to the costs of the goods sold (such as a commission-only program), or one with significant revenue or profit-based incentives?
Employers have an obligation to ensure employees are not using alcohol and drugs in the workplace because it could affect the safety of the whole team. There is latitude to discipline employees if alcohol or drugs are being used, but employers need to proceed with caution to handle the situation appropriately if substance abuse is suspected.
Exclusion and avoidance are actions that managers may not realize are forms of retaliation—and there are many types of harassment, says “recovering litigator” Jonathan A. Segal, one of SHRM’s most popular speakers.
Are deductions from pay ever allowed for exempt employees? Naturally an employer can make deductions for taxes or employee contributions to retirement or insurance premiums, but what about deductions for days of work missed? What about deductions for time an employee is out due to disciplinary action?
It’s crucial for California employers to get the information needed to properly designate absences so that FMLA/CFRA leave can be administered legally. But proper administration isn't always black and white. For example, if an employee's doctor advises that he or she is under the care of specialists, can an employer require that the specialist complete the FMLA certification?