Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
The post on Sunday 12/20/15 talked about decorating the workplace for the holidays (and whether you should have a policy). The decorations could be for employees, customers, or both. But they take time to put up and remove and then, when in place, often cause employees to take time (for which you ae paying them!) to look at the decorations and daydream or sing or something other than do their work. And if the decorations are religious in nature, then that’s something else entirely! While the EEOC has issued guidance on what could be seen as religious decorations (see the post), the limitations are relatively few.
TAKEAWAY: With few legal concerns relative to holiday decorations in the workplace, what is just as important are employee happiness and morale – and making everyone feel welcome during the holidays and all year.
In the post on Monday 12/21/15, a man says Verizon Wireless violated the FMLA – shouldn’t big employers know the law? So what happened? Justin was hired in July 2007 as an assistant store manager and by 2014 worked his way up to major account manager. In March 2013, he started a relationship with Trista, an employee in a different region, and they got married in April 2013. In November, Justin told his manager that Trista (who was then in PA) was pregnant and due in July 2014, requiring him to take time off for doctor’s visits. Was his manager overjoyed? Probalby not – he told Justin to use vacation time. Additional background facts are in the post. Justin was discharged in March and filed suit.
TAKEAWAY: Employers must know when the FMLA kicks in – and the employee doesn’t have to specifically mention the law for that to happen.
In the post on Tuesday 12/22/15, an employer notched a win – FMLA and ADA claims were dismissed when employer continued a misconduct investigation during leaves. Employer learns of performance issue, employee asks for FMLA leave. Ever heard of that situation?!? I thought so. The real question is what the employer should do about the performance issue during the leave. Can it continue investigating? The federal court in this case said that the employer’s actions were legal. Read the post to see what it did.
TAKEAWAY: If an employer follows the dictates of the FMLA and ADA, even during a leave, it can still legally take adverse action against an employee upon his or her return to work.
The post on Wednesday 12/23/15 was about how many (and which) documents an employer should maintain about employees. The answer depends in part on applicable state (or local) law. Some of the things to keep include resumes, job applications, reference lists, any offer letter or employment contract, and withholding forms. Some others are listed in the post. To ensure your employees’ personnel files contain the required documents, consult an employment attorney. And remember that “maintain” does not necessarily mean paper – it could be electronic too.
TAKEAWAY: The law requires employers to maintain certain documents; employers will want to maintain others for liability or other reasons. Know which is which and follow through.
The post on Thursday 12/24/15 was a reminder not to take along business records to a new job. It often happens innocently, but occasionally intentionally – an employee leaving one job takes along information from the previous employer when s/he goes to a new job. Sometimes it’s to make sure the last paycheck is correct. Other times it’s because the information is on the employee’s personal devices. Then there are the times the information is taken to support a legal claim or suit against the now-former employer. So what should the employer do? Some ideas are in the post.
TAKEAWAY: Employers must always be vigilant of their valuable business information, but even more so upon termination of employment (especially with a managerial-level employee).
In the posts on Friday 12/25/15, here and here, we extended to you and your family warm Christmas wishes. Be safe, be happy.
TAKEAWAY: Holiday time off is important to many; it can give a needed break from the stress of the workplace and allow employees to come back refreshed and more motivated to perform.
Finally, the post yesterday 12/26/15, we learned that Disney has been hit by security-worker lawsuits. All is not happy in Mouse-land. This suit was brought by the workers who are charged with ensuring security at the Disney World resort. Suits were filed alleging harassment and unfair targeting based on race, religion and national origin. In one suit, the jury ruled against the plaintiff. Three other suits were voluntarily dismissed. One was set for trial this summer: a black Haitian woman alleges illegal discrimination and retaliation. The post gives details on other pending suits.
TAKEAWAY: Adverse action against an employee in a protected group is not necessarily illegal, but it may be; make sure you are on legal footing before taking the action – that will help avoid (or defend against) later suits.
York, Pennsylvania 17403