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Aug 27 2021
Leave LawsTermination & ResignationWashington

Legal Corner: Avoid These Three Workers’ Comp Mistakes

I advise Washington employers A LOT about discipline and terminations. One of my recent calls went like this: “Hi, we have a two-year employee who has horrible attendance and a bad attitude. No one likes working with her. She always complains about anxiety, and last week she was a no-call, no-show. When we got a…

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May 24 2021
COVID-19Harassment & DiscriminationLeave Laws

WASHINGTON: Governor grants worker protections related to COVID-19

On May 21, 2021, Governor Jay Inslee issued Proclamation 21-08 “Safe Workers,” which prohibits Washington employers from taking any adverse employment action as a result of a worker receiving a COVID-19 (coronavirus) vaccine or needing time off related to the worker’s own COVID-19 vaccination, exposure, or illness. Time off to take a family member to…

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May 20 2021
Safety and HealthTermination & ResignationWashington

WASHINGTON: New bill amends WISHA’s anti-retaliation provision

On May 11, 2021, Governor Jay Inslee signed ESHB 1097, amending the Washington Industrial Safety and Health Act’s (WISHA) anti-retaliation provision by explicitly prohibiting acts that would deter reasonable employees from exercising their rights under the Act and expanding the time for filing a workplace safety complaint with the Department of Labor and Industries (L&I)…

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Oct 01 2020
COVID-19CaliforniaHiring

CALIFORNIA: San Francisco enacts additional COVID-19 job protections

Effective September 11, 2020, employers in San Francisco face steep penalties if they take adverse action against workers who are absent or request time off because they test positive for COVID-19, or because they isolate or quarantine due to COVID-19 symptoms or exposure. The new ordinance offers job protections for job applicants and “workers,” which…

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Jun 16 2020
CaliforniaHarassment & DiscriminationIdaho

ALERT: Title VII protects sexual orientation and gender identity

In this 6-to-3 opinion written by Justice Gorsuch, the Court decided three different cases. All three employers admitted they had terminated employees solely because they were “homosexual or transgender.” In Bostock v. Clayton County, a county child welfare advocate was terminated for conduct “unbecoming” because he participated in a gay recreational softball league. In the case…

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Jan 02 2020
DisabilityQ&ATermination & Resignation

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended by the EAP counselor or…

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Sep 11 2019
Termination & ResignationWashington

Supervisor in Washington may be individually liable for termination

In Washington, an employee may bring a legal claim against an individual supervisor who participated in an employment termination decision, according to a federal district court. A former middle school principal brought a claim for wrongful discharge in violation of public policy against both the school district and the individual school superintendent who participated in…

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Sep 11 2019
DisabilityHarassment & DiscriminationTermination & Resignation

Balancing competing employee interests can be tricky

An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work together, and the…

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Aug 14 2019
OregonSafety and HealthTermination & Resignation

Oregon employers may be liable if they retaliate without knowing it

If an employer disciplines or terminates an employee on the advice of a supervisor, without knowing the supervisor is actually retaliating against the employee, the employer can still be liable, ruled the Oregon Supreme Court. Sometimes, the people with authority to make employment decisions don’t really make decisions alone, but instead rely on the advice…

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May 06 2019
CaliforniaHarassment & DiscriminationTermination & Resignation

Termination was for threats, not age discrimination

A drug store pharmacist who had been employed by a company for 34 years was terminated for threatening to use a gun at work, not because of his age or for reporting discrepancies in the store’s drug inventory, ruled a federal district court in California. A coworker reported to HR that the pharmacist had entered…

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Feb 15 2019
Leave LawsTermination & Resignation

Consider FMLA even if not directly requested

In this case, a 15-year account manager with an automotive packing company was nearing retirement. He continued to work part-time while battling brain cancer, and received significant annual bonuses. Bonuses were measured based on calendar year performance, and required the employee to be employed during the first quarter of the following year. Twice he met…

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Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

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