New Business Owner Tagged for Failing to Hire Employee on FMLA Leave

If you are thinking about buying a business and hiring its employees, make sure you think carefully about refusing employment to employees on medical leave. In a recent decision out of Arizona federal district court, the acquiring company’s decision to hire 87% of the selling company’s workforce, but exclude an employee on medical leave cost… Continue reading New Business Owner Tagged for Failing to Hire Employee on FMLA Leave

ADA Settlement Based on Employee Termination for Failure to Call-In

Here is an interesting approach taken by the EEOC in a case recently settled in Minnesota. The facts, as reported by the EEOC, are as follows: an employer fired an employee when he sought to return to work after being hospitalized for a week. The employer based the termination on the employee’s failure to call in… Continue reading ADA Settlement Based on Employee Termination for Failure to Call-In

City Commissioner Amanda Fritz’s Office Says Wait to Adopt Paid Sick Leave Policy

We recently posted about the City of Portland’s new paid sick leave ordinance and the terms and conditions under which employers with six or more employees must offer paid sick leave. We have also begun drafting employment policies that comply with the ordinance in anticipation of the January 1, 2014 effective date for the ordinance.… Continue reading City Commissioner Amanda Fritz’s Office Says Wait to Adopt Paid Sick Leave Policy

New I-9 Form Must Be Used Starting May 7, 2013

In early March, U.S. Citizenship and Immigration Services (USCIS) published a revised I-9 Form. The I-9 Form includes new fields, has been reformatted to reduce errors, and has clearer instructions for employers and employees. USCIS advises employers to begin using the newly revised I-9 Form for all new hires and reverifications immediately, but mandatory use… Continue reading New I-9 Form Must Be Used Starting May 7, 2013

Cease and Desist Letter to Former Employee and New Employer ≠ Libel

A recent case from the District of Columbia addresses whether an employee has a claim for libel against a former employer and its attorney for sending the employee and their new employer a cease and desist letter. In Murphy v. Livingsocial, the employee signed a Confidentiality, Intellectual Property, Noncompetition Agreement (the “Agreement”) when she was… Continue reading Cease and Desist Letter to Former Employee and New Employer ≠ Libel