Employers must be careful to preserve their rights and not cavalierly ignore the need to present their point of view. A recent case before the Arkansas Court of Appeals illustrates what can happen when an employer doesn’t bother to appear and present evidence opposing a claim for unemployment compensation.
Tag: employee misconduct
While most employees take Family and Medical Leave Act (FMLA) leave for legitimate qualifying reasons and use it appropriately, we all know about occasions when they abuse the Act. Read on to learn more about how to combat FMLA fraud.
Employees who exhibit what appear to be mental or emotional issues while in the workplace or performing their job duties present some of the most difficult situations for employers. They may have a disability you may be required to accommodate under the Americans with Disabilities Act (ADA). They also may, at times at least, be […]
With an estimated 36.2 million Americans working remotely by 2025, working from home has become the new norm. Although remote work has its benefits, it also diminishes open lines of communication between employers and employees, leading to issues in the workplace that go unacknowledged as a consequence of a dispersed workforce. Cyberbullying, harassment, and discrimination […]
Is an employer liable for employee misconduct at “after-hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the circumstances” test.
Whistleblowing has been front-page news in recent weeks. As an impeachment investigation roils the nation, we’ve heard debate about the handling of confidential complaints, speculation about the whistleblower’s identity, and discussions of the validity of the claims. What we haven’t heard, at least not yet, is a report from the whistleblower that he’s been retaliated […]
Many times, when employers receive an Occupational Safety and Health Administration (OSHA) citation—if not most times—they claim it wasn’t their fault, but rather the employee did something stupid. OSHA recognizes such a defense, called the “employee misconduct” defense. It is an affirmative defense, meaning the employer has the burden of proof in establishing the misconduct.
Employers should take a page out of the Kansas City Chiefs’ playbook regarding how to handle employee misconduct, particularly with respect to a high-value or high-profile employee. The Chiefs’ decision to release Kareem Hunt was undoubtedly difficult and likely unpopular with some fans. From an employment perspective, however, it was unquestionably the correct choice. Read […]
It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under […]
by Andrea Moseley Last year, CareerBuilder found that 31 percent of employees don’t feel their workplace is well protected from a physical threat and 31 percent don’t feel their workplace is well protected from a digital hacking threat. Common sense dictates, and my experience representing corporate officials and employees confirms, that when people spend eight […]