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The Practical Employer

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Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

More on Retaliation for Firing After Complaints of Third-Party Discrimination

March 27, 2013
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Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints.
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Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
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For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
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How Not to Respond to a Harassment Complaint

March 21, 2013
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If you are not the person in your organization trained to address and investigate sexual harassment claims, immediately refer the matter to the person who is. If no one is, hire a consultant or attorney who specializes in these issues to do the investigation for you.
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Accommodating Disabled Job Applicants is No Game

March 20, 2013
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If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
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Paying Employees for Accrued Vacation Upon Termination—Yay or Nay?

March 18, 2013
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According to the court, the employee handbook clearly stated that accrued vacation is forfeited to an employee upon termination. To me, however, such as policy is draconian and overbearing. Instead, consider limiting vacation and other paid time off forfeitures to “for cause” terminations.
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Do Employees Have Any Privacy Rights in Personal Emails Sent From Corporate Accounts?

March 14, 2013
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According to a recent court case, employees enjoy no expectation of privacy when sending personal emails from corporate accounts, provided that you have the right language in your email policy.
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Take a Pregnant Pause Before Firing That Pregnant Worker

March 13, 2013
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Firing a pregnant employee is a risky proposition.You not only have to worry about Title VII, but also potential liability under the Family and Medical Leave Act (if you are large enough to be covered), and the Americans with Disabilities Act (if the employee suffers from a pregnancy-related medical condition).
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What Do You Do If You Doubt an Employee's Disability?

March 12, 2013
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I hope that I don't have to lecture any of my readers about what is wrong about denying accommodations and firing disabled employees. What rights do you have, however, if you doubt the legitimacy of an employee's claimed disability?
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Are Employers Really Asking for Social Media Logins and Passwords?

March 11, 2013
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You would think that if the practice of employers requiring applicants and employees to disclose login and password information has reached epidemic proportions, I would have heard of or encountered at least one employer engaging in this practice. I haven't.
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Fight or Flight? When an Employee Sues You, Should You Litigate or Settle?

March 7, 2013
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The reality is that there is no easy answer to the question of how your company should respond to a lawsuit by an employee.
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