Practical HR Tips, News & Advice. Updated Daily.
By Ralph N. Nero and Nicole R. Singh You’re about to terminate an employee’s employment without cause. He’s been with you for 30 years, earns $100,000, has a middle management position, and is 69 years old. He could retire with a full pension. Surely you don’t have to provide him with a severance package? Absolutely, […]
Here is a “Do” and “Do Not” list based on the outcome of 10 claims for interference and retaliation filed by the U.S. Department of Labor or aggrieved employees that the courts have tried in the first four months of 2014. Staying in compliance with the Family and Medical Leave Act and the Americans with […]
Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made. A recent termination of an employee apparently trying to do the right thing has sparked headlines and illustrates the dilemma […]
By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]
An employee’s refusal to provide acceptable return-to-work documentation after a medical leave of absence may be viewed as a voluntary resignation, even if that individual has a disability as defined under the Americans with Disabilities Act. This assertion helped the 11th U.S. Circuit Court of Appeals affirm a lower federal court’s summary judgment in favor […]
Part of our mission here is to keep all you bibliophiles out there engaged and entertained. (I happen to be one, so I know we’re a rare breed.) Our book today is Michael Lewis’ Moneyball: The Art of Winning an Unfair Game.
by Susan Llewellyn Deniker Amendments to the West Virginia Wage Payment and Collection Act (WPCA) go into effect today, changing the rules on when discharged employees must be given their final paycheck. Under the old law, discharged employees had to be paid all wages owed within 72 hours of termination. This year, the legislature amended […]
When an employer fails to participate in the interactive process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Such a failure is not, however, an ADA violation when it stands alone, the 7th Circuit ruled in Basden v. Professional Transportation, Inc., No. 11-2880 […]
By Kyla Stott-Jess Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie. In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the […]
The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]