Two surprising points about the ADA. First, what the office doesn’t think is a disability could well be one. And second, the ADA applies to access to public places such as stores and restaurants – and offices. And while the law “has a noble purpose,” along the way “it’s been hijacked by a subset of plaintiffs who have made it their life’s work to target as many public … [Read more...] about Two ADA surprises: odd disabilities and attorney’s fees that can hit the sky
Hiring and firing
How to investigate an employment-related complaint from a staffer
Got a complaint from an employee? Investigate it. If that complaint turns into a legal claim, part of the allegation of wrongdoing may well be that the office "didn't take it seriously and failed to investigate," says employment law attorney Ingrid Culp of Fredrikson & Byron in Minneapolis. The law doesn't require that an employer investigate a claim, she says. But it is … [Read more...] about How to investigate an employment-related complaint from a staffer
Five employment law questions that crop up in just about every office
Here are five employment law questions on five unrelated topics. They are answered by attorney and employee relations consultant Jodi Eisenstadt. 1. To tell or not to tell How should the manager respond when a staffer brings in information about a legal violation in the office and asks the manager not to tell anybody? That’s a common problem for managers who have come up … [Read more...] about Five employment law questions that crop up in just about every office
Easy answers to 5 tough questions managers often face
Here are the answers to five individual questions managers often encounter. They are outlined by attorney Shari L. Lane of Northwest Employment Law in Portland, OR. Changing the face of the job 1. Can the office require an employee to take on a different work schedule or move to another location? What if it affects the employee's child care or family responsibility … [Read more...] about Easy answers to 5 tough questions managers often face
Is that resume a sham? Is that job candidate lying?
Here's how to find out Estimates are that as many as 50% of job applicants lie on their resumes. It may not be possible to pinpoint the lies, but it is possible to identify the liars, says one professional sleuth. He is Jamie Richardson of Mission Possible Investigations in Albany, NY, which provides investigative services to law enforcement and businesses. Here he lays out a … [Read more...] about Is that resume a sham? Is that job candidate lying?
Watch out for ADA claims; they are now easier to file and a lot easier to win
(Note: The ADA applies to offices with 15 or more employees. Depending on the practice’s business structure, the physicians may be included in that count.) An amendment to the Americans with Disabilities Act is putting more employees under ADA protection. It’s called the ADA Amendments Act, or ADAAA. It went into effect in 2008, and it has broadened the definition of … [Read more...] about Watch out for ADA claims; they are now easier to file and a lot easier to win
Seven guides for a safe and somewhat pleasant firing
Firing is the most dangerous action a manager ever takes. “Yet almost everybody does it poorly,” says Joseph Godwin, a management consultant with F&H Solutions Group, a human resources consulting firm in Asheville, NC. Any fired employee is depressed and fearful of the future – and not averse to calling an attorney. Every manager needs to know how to fire without asking for … [Read more...] about Seven guides for a safe and somewhat pleasant firing
How to respond when a staffer is suspected of drug or alcohol abuse
When the manager suspects a staffer of drug or alcohol abuse, a lot of factors come into play. Yes, a medical office can require drug testing and terminate the staffer. But the manager needs to be aware of all the issues that can enter into that picture, says attorney Jeffrey M. Schlossberg of Ruskin Moscou Faltischek in Uniondale, NY. Approach the staffer in the wrong way … [Read more...] about How to respond when a staffer is suspected of drug or alcohol abuse
The ADEA is waiting and watching for violations
Anybody as old as 40? Age discrimination can creep in quietly and unexpectedly. It can come even from some well intentioned remark such as “you’re overqualified for this job,” the term overqualified being taken as a euphemism for old. Here, Alix Rubin, an employment law attorney in West Caldwell, NJ, outlines the elements of age discrimination managers need to know … [Read more...] about The ADEA is waiting and watching for violations
Protect yourself legally and physically when you fire a staffer
Besides being unpleasant, firing a staffer is dangerous. There are two concerns, says employment law attorney Denise I. Murphy of Rubin and Rudman in Boston. Of first importance is the physical safety of the manager and everybody else in the office. Of second importance is legal safety. The manager has to minimize the risk of a claim of wrongful termination, discrimination, … [Read more...] about Protect yourself legally and physically when you fire a staffer