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An employer provided additional training to an employee with documented performance problems, but when her performance slipped again, she was fired. Noting that the termination occurred shortly after she took medical leave, the employee claimed that she was fired in retaliation for exercising her rights under the Family and Medical Leave Act (FMLA).
Employers need to attract and retain high quality talent to achieve operational stability and business growth. But holding onto the cream of the crop isn’t easy — and it’s a challenge that is made more difficult in organizations that lack robust onboarding processes.
Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee […]
Plan withdrawal liability has been in place for U.S. multiemployer plans since 1980. It includes a heavy penalty that requires employers leaving a multiemployer plan to pay their share of the plan’s vested benefits not yet covered by contributions and investment earnings. As a result, healthy companies often seek to leave multiemployer plans before their […]
An employee’s various health problems and injuries caused her to accumulate multiple absences, and she was terminated. Is she entitled to unemployment benefits under South Dakota law?
A new study released by leadership development and conversation experts at Fierce, Inc. finds that toxic employees continue to wreak havoc on the workplace. However, instead of confronting them, other employees do little to address them directly.
National Labor Relations Board (NLRB) Chair Philip Miscimarra’s reported decision to leave the Board when his term expires on December 16 rather than allow himself to be considered for another term has probusiness Board watchers looking ahead and lamenting the loss of his contributions to NLRB decisions.
A New Jersey appellate recently heard claims from a former employee who alleged that she felt compelled to resign because of her supervisor’s inappropriate comments and other workplace disputes. Was the employee entitled to unemployment benefits?
A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them. But here we present a unique scenario that […]
One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]