Dealing with “Termination-Resistant” Employees
“I want to fire him, but I can’t.” It’s true that some employees are “fire-retardant”— they are in a protected class or have performed a protected act — but this doesn’t mean you can’t fire them.
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FMLA Obligations for Pregnant and Nursing Mothers
In yesterday’s Advisor, we covered discrimination laws and pregnancy; today, FMLA and pregnancy, plus an introduction to an extraordinary collection of pre-written job descriptions, available on CD and ready for you to implement. The Pregnancy Discrimination Act (ADA) applies regardless of how long an employee has worked for you. The federal Family and Medical Leave […]
Boeing’s Right to Relocate Some Operations to South Carolina before NLRB
Tuesday, the National Labor Relations Board (NLRB) will begin its unfair labor practice case against Boeing, insisting that the company may not move some of its operations from Washington to South Carolina because the move might somehow violate workers’ rights. The outcome of this case goes well beyond South Carolina, but it is vitally important […]
Why You Need To Get Your Story Straight – Always
What’s one of the hardest wrongful termination lawsuits to defend? The one where the “story” of the termination is inconsistent between HR, the manager, and the documentation.
Canadian Decisions Blur Distinction between Employees and Independent Contractors
By Ralph Nero and Keri Bennett Employers in Canada have typically understood employees and independent contractors to fall into distinct legal categories. However, recent court and labor board decisions indicate that the traditional definition of “employee” continues to expand. Ontario court interprets health and safety obligations In Ontario (Labour) v. United Independent Operators Limited, Ontario’s […]
What to Expect When Your Employee Is Expecting
Pregnancy—a special event, for sure, but a challenging one for the employee’s manager and for HR. Managers need to get it right from the start, and, by the way, guess what, you’re not getting the jury’s sympathy. In 1978, Congress passed the Pregnancy Discrimination Act (PDA), amending Title VII to prohibit employers from discriminating against […]
Civil Unions Available Now in Illinois, and Soon in Delaware
Employers in Illinois that have not done so may need to adjust their plan documents to reflect the new legality of civil unions in that state. Civil unions are legal in Illinois, Hawaii and New Jersey — and will be available in Delaware next year. The Illinois Religious Freedom Protection and Civil Union Act went […]
Sometimes You Need to Shake the Opportunity Tree
I ran into a good friend the other day at our kids’ baseball game. After the usual pleasantries, he said, “I’m glad you’re here, we really need to talk.” So we moved away from the rest of the crowd and he began to tell me about an incredible opportunity that he had been presented. His […]
A Faulty Wellness Program Can Make Your Pocketbook Sick
Your wellness program is going well, with happier and healthier employees. But then, an employee sues the company alleging that the wellness program violates his rights. So your employees are healthier, but your company’s pocketbook is not in the best of condition, as it puts out money for legal fees. Do not let this happen […]
I See Your Health Reform Study and Raise You Two
The White House felt it proper to refute McKinsey Co.’s health reform study (see yesterday’s post) finding that as many as 30 percent of employers will stop offering health insurance to their workers after reform takes full force in 2014. Deputy Chief of Staff Nancy-Anne DeParle cited three studies saying employers would continue covering workers unabated. […]