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Showing posts for: Termination & Resignation

Jan 10 2025
Leave LawsTermination & Resignation

Be careful how you analyze FMLA leave to care for others

A finance manager who was denied the ability to take federal Family and Medical Leave Act (FMLA) leave to care for her seriously ill adult sister was given a second chance to show that her employer violated the law, following a U.S. Sixth Circuit Court of Appeals decision. The manager used five days of paid…

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Dec 20 2024
Safety and HealthTermination & ResignationWage and Hour

Employee complaint to customer is protected confirms Fifth Circuit

The U.S. Fifth Circuit Court of Appeals recently confirmed that an employee’s complaints to an important customer about wages and working conditions for herself and her coworkers were protected under the National Labor Relations Act (NLRA). After she was fired, the National Labor Relations Board ruled that her comments to the customer both on LinkedIn…

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Dec 20 2024
Q&ATermination & ResignationWage and Hour

Q&A: Know how to handle final paycheck for absent employee

Question: An employee stopped showing up for work, so we fired them for job abandonment. How do we get their final paycheck to them, and what are the time frames for doing so? Answer: The answer depends on state law, and even then it may not be clear-cut, which means you’ll need to weigh what’s…

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Oct 07 2024
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Words matter when communicating a termination decision

Question: We have several reasons to terminate a long-term employee whose performance and attitude have declined to the point of no return, but we don’t have good documentation. He says he cannot wait to retire but has not given us a date. We’d like to keep his termination amicable, acknowledging his length of service with…

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Jul 26 2024
Leave LawsSafety and HealthTermination & Resignation

Ninth Circuit approves video evidence in FMLA certification case

The U.S. Ninth Circuit Court of Appeals recently ruled that it was acceptable for an employer to present non-medical, video evidence from a hired private investigator at trial to demonstrate that an employee didn’t have a serious health condition under the federal Family and Medical Leave Act (FMLA). Employee’s Injury Claim Questioned as Surveillance Contradicts…

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Jul 12 2024
Leave LawsQ&ATermination & Resignation

Q&A: Follow FMLA procedures for verifying medical certifications

Question: We recently had an employee provide an FMLA medical certification that we believe was falsified. Our company confirmed with the employee’s medical provider that they did not complete the certification and we suspect that our employee forged the documentation. Can we discipline or terminate them for this conduct? Answer: Maybe, but only after complying…

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Jun 07 2024
Safety and HealthTermination & ResignationWage and Hour

Washington warehouse quota rules released

Washington’s Department of Labor and Industries (L&I) adopted two sets of rules (WAC 296-35 and WAC 296-136) to enforce the new warehouse employee quota statute (RCW 49.84), all of which go into effect July 1, 2024. One set of rules addresses safety standards and the other addresses labor standards. Our reporting on the new law…

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May 17 2024
Labor RelationsSafety and HealthTermination & Resignation

Far-reaching H-2A worker protections coming soon

The U.S. Department of Labor (DOL) has adopted a final rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States (Farmworker Protection Rule) that will significantly impact employers that use the H-2A program for temporary agricultural employment. Here are some of the key aspects of the new rule: Effective date: June 28,…

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Feb 27 2024
Termination & Resignation

Supreme Court clears path for SOX whistleblower to claim retaliation

The U.S. Supreme Court recently ruled that employees alleging retaliation under the Sarbanes-Oxley Act (SOX) only have to show that their whistleblowing activity was a “contributing factor” in their employer’s adverse employment decision. SOX is a federal law that protects employees at publicly traded companies who report (internally or externally) what they reasonably believe to…

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Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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Jan 29 2024
Labor RelationsTermination & ResignationWage and Hour

Q&A: Employees can discuss wages with each other

Question: Two of our employees accessed confidential payroll files and now are loudly complaining they are the lowest-paid employees in the company. Their manager is upset and wants to fire them for breach of trust, disrupting our business operations, and hurting morale. The whole department is demanding a raise. What can we do here? Answer:…

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Dec 22 2023
Termination & ResignationWage and Hour

Employer’s enforcement of “no photography” rule violated the NLRA

The National Labor Relations Board (NLRB) recently ruled against an employer that attempted to enforce its rule against photography in the workplace. A labor contract between an oil refinery employer and union had a “Photograph, Camera & Video Policy,” which restricted use of photography and cameras. The policy stated the basis of the rule was…

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