Compliance
March 27, 2017
Until recently, misconduct investigations used the good faith standard. Before the Vasquez case, employers were required to act in good faith before taking adverse action against an employee. The Andrea Vasquez v. Empress Ambulance Services, Inc. case raised the standard for employment investigations. This 2nd U.S. Circuit Court ruling expands the Supreme Court decision in the Vincent E. Staub v. Proctor Hospital. The Staub case revitalized the “Cat’s Paw” fable. In Aesop’s fable, a clever monkey, not acting in good faith convinced the cat to pull roasting chestnuts from the fire. The monkey ate all the chestnuts while the cat […]
February 27, 2017
“Eighty percent of life is showing up.” Woody Allen is credited for that expression, as well as a number of variations of the adage which are also attributed to him including “Eighty percent of success is showing up.” The courts have stayed busy determining whether or not employees are qualified when they cannot show up. When employees either exhaust Family Medical Leave or the employer is not large enough to provide FMLA, disabilities may exist requiring the employer to consider accommodations including unpaid leave under the Americans with Disabilities Act (ADA). To be qualified under the ADA, an individual must […]
December 22, 2016
“This year I’ll be a better supervisor, really get to know my staff; maybe even read the handbook.” Sound familiar? If you are planning on changing your behavior, be fair and let your staff know your plans. The New Year is the perfect time to establish new expectations. If your new expectations include changing the way you manage, let your team in on it. If you plan to stick to the rules in 2017 or emphasize teamwork, let people know and establish when the new clock starts. It is not fair to change the way you are going to look […]
September 26, 2016
Retaliation is the most frequent Equal Employment Opportunity Commission (EEOC) charge. The EEOC’s fiscal year is October 1, 2015 to September 30, 2016. The latest numbers will be available in six to eight weeks. It is a safe bet that it will top the charts again this year. Retaliation has been the leading charge since 2009. It tied race discrimination in 2008 and has increased its lead ever since. The EEOC has released Enforcement Guidance on Retaliation and Related Issues which is likely to increase these charges. Retaliation is defined as when an employer takes a materially adverse action because […]