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Court Issues Guidance to Employers Facing ADA ‘Regarded As’ Claims
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
Workers’ Compensation: Court Looks at What Triggers an Employer’s Obligation to Provide Claim Form; 3 Practical Tips
Generally, employers have 90 days from the date of an employee’s workers’ comp claim to investigate and then accept or deny the claim. And it’s critical not to miss the deadline because if you do, there will be a presumption that the injury is covered by workers’ comp. But suppose a worker who hasn’t filed […]
Unfixing a fixed-term contract
by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.
Manager Fired While on Leave May Have Interference Claim
By Tara Eberline, JD In addition to giving employees the right to job-protected leave, the Family and Medical Leave Act (FMLA) provides two avenues of relief for an employee when his employer doesn’t comply with its obligations under the law. Read the following article to learn about the distinctions between FMLA interference and retaliation claims […]
Sexual Harassment: ‘Friends’ TV Show’s ‘Creative Necessity’ Defense to Harassment Claim Proceeds to Jury; 3 Tips to Keep You Out of Court
When courts evaluate harassment claims, they take into account that work environments differ. But in a new case, a California appellate court has said a defense that sexual banter was necessary to the employer’s creative process won’t keep the employer from facing a jury.
Employee Satisfaction Has Concrete Results for Business Performance
We’ve talked a lot about the importance of employee satisfaction in recruitment and retention efforts. Turnover and hiring are expensive, and companies can’t afford to keep losing their staff over low levels of satisfaction. However, there is a strong argument in favor of promoting employee satisfaction on the flip side as well.
Do’s and Don’ts for Using Recruiters When Scouting Top Talent (Part 2)
Continuing from yesterday’s post, here are a few things you’ll want to avoid when using recruiters to scout top talent for your organization.
The Trouble with ‘Twibel’: A New Social Media Headache for Employers
You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media strategy, says Porter Wright employment law attorney Sara Jodka. Libel occurs when someone prints a false and malicious statement […]
Why One CEO Emphasizes Hiring More Efficiently And For Cultural Fit
For Phil Wright, CEO of Memorial Regional Hospital South, attacking labor shortages begins before you even get a potential worker through your doors. Finding ways to recruit and retain staff is a priority for leaders of hospitals and health systems across the country dealing with workforce challenges. However, one part of recruiting that Wright believes […]