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Axed, Canned, Downsized: The ‘Art’ of Getting Fired

TV’s “The Donald” seems to have patented the line “You’re fired!” but unfortunately, most firings are not on reality television; they are in your office, and you might be next. Today’s expert offers tips on using the situation to position yourself for your next job. If you work in business long enough, at some point, […]

Absence Policies and Leave Administration Lacking Rigor and Framework, Study Says

The widespread use of manual and improvised procedures to measure, mitigate and administer employee absence suggests that many employers are taking substantial compliance risks with regard to the Family and Medical Leave Act, according to the ADP Research Institute study, Total Absence Management: Two Decades After the Passage of FMLA. Even though lost productivity due […]

Workers Put All Their Eggs in CEO’s (Market) Basket

By Jennifer Carsen, JD Writer, HR Daily Advisor If you haven’t been following the saga of Tewksbury, MA-based Market Basket over the past few months, here’s a recap: The Grocery Wars: A Summer of Upheaval In June, Arthur S. Demoulas led a majority group of board members of the family-owned business to oust the company […]

Targeting FMLA Fraud and Abuse

One of the biggest FMLA frustrations for employers is knowing what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.

The Best Harassment Prevention Prescription is to Train, Train, Train

[Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwelcome. This is another example of potential tangible employment action harassment. Of course, the superior can argue that he or she blocked the promotion for a good business reason, but […]

Supreme Court Rules Oral FLSA Complaints Are OK

Today, in a 6-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) antiretaliation provision protects not just written complaints but also oral ones. The Court noted in its opinion that it heard the case because of a conflict in the circuit courts over whether oral complaints were protected. In Kasten […]

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]

Smart Tips for Investigations

Yesterday, we looked at 5 tips for conducting an effective sexual harassment investigation. Today, 4 more — plus an introduction to an in-depth investigations webinar next week, specifically for California employers. [Click here for yesterday’s tips] 6. Communicate your findings to both the employee and the alleged harasser and provide them with the opportunity to […]

Emergencies: Can’t Predict, Must Prepare

Recent tragic disasters have certainly made it clear that no company, no matter how large or small and no matter the location, is safe from unexpected disaster. Terrorism, fire, tsunami, hurricane, or flood—the list seems endless, and no one is invulnerable. Some disasters are predictable. For example, if you have a facility in a flood-prone […]