Day: August 28, 2012

Servicemembers protected by USERRA in hiring and reinstatement

by William Dabney The Uniformed Services Employment and Reemployment Rights Act (USERRA) and its state-law analogues present challenges for employers. Not only do those laws require you to reinstate returning military personnel to their former jobs with no loss of pay, privileges, or opportunities, but they also require special consideration and accommodation to military applicants […]

4 TIPS for Employers Who Want to Fight Off Unions

Union issues are suddenly on the front burner. The National Labor Relations Board (NLRB) which enforces the NLRA (National Labor Relations Act) has become particularly proactive in recent months, witness its very strong stand on social media rights of employees. For the legal do’s and don’ts for employers, we turned to attorney Patricia Trainor, SPHR, […]

Employee Review Near FMLA Leave Time: A Slippery Slope

When you must defend your decision to fire an individual based solely on his poor performance, no one likes the idea of having to scale a circumstantial Mount Everest in a court of law. But a cohesive paper trail of evidence is critical when you are asked to establish legal footing and justify your adverse […]

“No Mosquitoes Allowed!” More Training Tips to Control Mosquitoes

Mosquitoes can carry a number of dangerous and deadly diseases, including malaria, dengue and yellow fevers, several variations of encephalitis, and West Nile Virus. So protect yourself and your workers from insect-borne diseases by training them to take these precautions from EPA for controlling mosquitoes in your area. Remove Their Habitat Eliminate standing water in […]

Understanding Progressive Discipline

Employees are motivated to perform in several ways, some from positive reinforcement and some from negative reinforcement, which is where progressive discipline comes in. Another rationale for the use of progressive discipline is to instill a sense of fairness in employment termination decisions. When you let someone go, employees want notice in order for it […]

Responding to insufficient FMLA/CFRA medical certifications and suspected fraud

Most employers require medical certification when administering FMLA or CFRA leave of absence requests. But the certification process isn’t always as cut and dry, especially in California. For instance, what should you do if the documentation from a healthcare provider is vague, incomplete, or ambiguous? What can you legally do if the documentation doesn’t provide […]