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Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

HIPAA Privacy Violations Costly for Triple-S Management: $3.5 Million Settlement

Triple-S Management Corporation (“TRIPLE-S”) has agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). TRIPLE-S will pay $3.5 million and will adopt a robust corrective action plan to correct deficiencies […]

Employee engagement begins one worker at a time

by Dan Oswald If you read the Harvard Business Review, you might have noticed a recent article proclaiming “The New Employer-Employee Compact.” The article, like all the other articles and books written on the subject, reminds us that the days of lifelong employment with a single company are over. (Thanks for that news flash!) Then […]

Boeing May Have Discriminated in RIF Process, Ninth Circuit Rules

According to the federal Equal Employment Opportunity Commission (EEOC), managers at the Washington-state based Boeing Corporation discriminated against female employees when they administered the company’s Reduction in Force (RIF) evaluations, used to determine which employees would be laid off. One Boeing employee, Antonia Castron, asked to be transferred away from a manager who often stated […]

opioids

2 Ways to Tackle the Opioid Epidemic in the Workplace

Since 2012, the number of people dying from drug- or alcohol-related causes while on the job has been growing by at least 25% annually (Bureau of Labor Statistics). And that’s just inside the workplace! According to the U.S. Department of Health and Human Services, 116 people died every day in 2016 from an opioid overdose, […]

Terminations: Can Managers Really Be That Stupid?

Managers often want to know why they need documentation to fire an “at-will” employee. Simple, says today’s expert. Without it, you can end up in court explaining why your managers are so stupid that they fire people for no reason. In theory, with at-will employees, either party can terminate the employment arrangement: At any time […]

Talent Experience Is More Important Than Ever Before

When it comes to attracting and retaining talent, the experience a company offers its workforce is more important than it’s ever been, especially in this tough hiring market.

What Employees Are Eligible Under the ADA and FMLA?

Both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) often apply to employees who are seriously ill or injured. When this happens, employers may be required to grant leave and to accommodate the employee under both the FMLA and the ADA.

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]