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 week started with the post on Sunday 10/19/14. Employee, joint employee or contractor was the question of the day. The answer is important in so many ways, not the least of which is so that people get paid properly (and the benefits to which they are entitled) and those doing the paying (and providing the benefits) stay out of trouble! Read the post for examples of some recent court decisions.
TAKEAWAY: If you are not sure how to classify a position, consult experienced employment counsel.
The post on Monday 10/20/14 talked about accommodating any (regarded as) disability before just firing the person. What does this mean? Well here an employer rescinded a job offer because the person was deaf and the EEOC sued. Background: Stefan applied and interviewed for a dietary aide/assistant cook position and was told at the interview he was hired. A few weeks later, the employer required a second interview with other managers who rejected his application due to his hearing impairment.
TAKEAWAY: Make sure any adverse action (from not hiring to discipline to termination) is based on (actual or expected) job performance, not how the employer thinks the employee will perform. The former is allowable (as long as there is no other discrimination); the latter is illegal.
On Tuesday 10/21/14 the post was a reminder to keep track (of time/hours) or it could be costly. What started this? The City of Cleveland had for 25 years been rounding time, but always in favor of the City, so that it got free time from employees. One employee filed suit and the City paid $2.2M to settle. The post contains some tips to ensure this doesn’t happen in your business.
TAKEAWAY: mistakes about wages can be overlooked and small, but end up being costly if not discovered and corrected.
The post on Wednesday 10/22/14 was about setting rules for paid time off. Pennsylvania as a state currently does not require paid time off (although certain municipalities might). So what might an employer consider relative to paid time off other than in the context of the ADA or FMLA? Offering PTO instead of vacation and sick leave. Requiring that PTO run concurrently with unpaid protected leave. And another tip that is in the post.
TAKEAWAY: Employers should consider how they want to handle PTO before they are legally required to do so. To ensure legality, consult an employment attorney.
On Thursday 10/23/14 the post talked about discrimination and retaliation: not all fun & games when age discrimination is involved. The EEOC filed suit against a company for harassing and eventually firing an employee based on his age and in retaliation for complaining about the harassment. The EEOC alleged that the harassment occurred over a period of three years, including comments by the owner like “You’re just too old and slow,” and calling him “the old man”. And this employee was only 49 when the harassment started! The owner did other stupid things too that caught up with him (and the company).
TAKEAWAY: Reminder: age usually has nothing to do with job qualification or performance. Therefore, leave it out of the workplace.
The post on Friday 10/24/14 reminded that yes, it is still safe to fire someone it there is no discrimination. Laws that apply to the workplace are there mainly to ensure equal opportunity, not to curtail business freedom or operations. Companies are still allowed to make decisions that lower employee morale, hurt the business, or are just plain stupid as long as the decisions are not based on any illegal factor and are not contrary to any written employment contract.
TAKEAWAY: Before making the decision to discharge someone, make sure the reason is legal and will withstand scrutiny; if so, then do it.
Finally, the post yesterday 10/25/14 provided practical tips for dealing with an EEOC charge. For most employers, the first step should be to contact employment counsel, whether in-house or outside counsel. Other steps include preparing and filing a Position Statement, waiting, more waiting, providing requested information (with the assistance of counsel). Still more steps are listed in the post.
TAKEAWAY: If you receive notice of an EEOC charge, do not bury your head in the sand – it will not just go away. Take the appropriate action.
York, Pennsylvania 17403