Why Employees Are Quitting
When turnover rates start increasing, the question on every HR professional’s mind is: Why? Why are employees quitting more now than before? And what can be done about it?
Tag: leave of absence
7th Circuit: The ADA is Not the New FMLA
In a recent decision, the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—ruled that granting an employee additional leave beyond what he’s entitled to under the Family and Medical Leave Act (FMLA) is not a “reasonable accommodation” under the Americans with Disabilities Act (ADA).
Sexual Harassment: No Surprises in Harvey Weinstein Affair
The public is currently fixated on our business, sexual harassment in employment. Taking center stage is Harvey Weinstein, whose case is straightforward quid pro quo sexual harassment—a powerful employer expecting sex from women he promises to promote. Is that news in the film industry? Hardly.
Sexual Harassment Scandals Rock Hollywood
What happens when an industry has a culture of ignoring sexual harassment? The sexual harassment scandals rocking Hollywood paint a vivid picture.
Terminated Problem Employee Points to Discrimination, Retaliation as True Motives
The U.S. Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently upheld an employer’s trial court victory, providing useful guidance for employers seeking to manage difficult employees in the midst of workers’ compensation claims.
Ask the Expert: Deeming Employee ‘Ineligible’ for Leave Isn’t Always Simple
Question: We have an employee who requested FMLA paperwork because of her migraines. Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]
California Court Confirms Employers Not Required to Provide Employees Indefinite Leaves of Absence
In a recent case, an employee suffered a stroke at work. Even after a 14-month leave of absence, her doctors could not state with certainty when she would be able to return to work. In that situation, it was clear her employer did not discriminate against her based on her disability when it terminated her […]
Ask the Expert: Can We Terminate Employee with No Return to Work Date?
Question: What’s the appropriate process for terminating employees without a return-to-work date and no Long-Term Disability (LTD)?
Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1
The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
Quebec Court of Appeal: People (not workplace policies) harass people
by Alexis Charpentier Workplace harassment is a complicated and evolving area of the law. The lines between an employer’s right to manage its employees and harassment are often blurred. Fortunately, the Court of Appeal of Québec has provided some clarity in a recent decision in Syndicat des travailleurs de l’aluminium d’Alma, local 9490 (Syndicat des […]