A common trend among poor performing employees is to suddenly raise allegations of harassment or discrimination by lodging complaints with the HR department - at precisely the time he/she is being held accountable for poor performance or behavior. Nevertheless, it is important to bear in mind that even though an employee's complaint may not have any merit, the complaint must still be investigated. Also, if the employee should suffer adverse treatment after having made a complaint, the ...
A “retaliation“ claim generally can be defined as illegal conduct or action that harasses, demotes, terminates an employee, or takes other action affecting employment such as threats, unjustified negative evaluations, unjustified negative references, increased surveillance, or any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.
The FMLA requires that an employee returning from FMLA leave be reinstated to the same or equivalent position. “Equivalent“ means equivalent pay, benefits, and terms and conditions of employment. The DOL's regulations clarify that “the employee is ordinarily entitled to return to the same shift or the same or equivalent work schedule“.
With regard to terminating COBRA coverage, the employer (or plan administrator) must send a COBRA termination notice to the qualified beneficiary that includes:
Investigative files should be kept separate from the personnel files. Since it is not a personnel file, the investigative records are not included in regular HR related document destruction schedules. These files should also not be made available for employee review. Investigative records may be kept in legal counsel's office or, if that is impracticable, within HR in a separate file cabinet with key access strictly restricted. Generally, not all HR people will have a need to see ...
In situations where the employer believes a criminal act has occurred, engaging the police immediately is critical. In engaging the police, it allows the company to leverage local law enforcement to investigate the case by obtaining a police report. The police report provides the company with an official document that states what the facts of the case are and/or the incident that actually occurred. Additionally, the police report “opens up a case“ for law enforcement and gives ...
Employers must assess accommodation requests individually based on the employee's specific functional limitations, the job requirements, and operational realities. Employers must then provide a reasonable accommodation unless it would cause undue hardship (significant difficulty or expense) or would pose a direct threat that cannot be mitigated.
There are three types of cash or deferred arrangements: 
Salary Deferral Plans Salary deferral plans are the most common type of cash or deferred
...The employee’s last day of leave is Friday. On Monday she expects her desk, her shift, and her accounts back. Meanwhile, her manager has grown used to the temp who covered for her, half her duties have been handed to a colleague, and someone has suggested she might "fit better" in a different role.
That is the moment FMLA job restoration is tested, and it is where well-run leaves turn into claims. This article covers the basic right, what counts as an equivalent
The key areas of worker classification focus on determining whether a person providing services to a business is an employee or an independent contractor - and within those categories, how they are further classified for legal, tax, and benefit purposes.
The Six Key Areas of Worker Classification Include:
Defining Employee vs. Independent Contractor
This is the most critical and common classification question, so here are some
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