June 21, 2012


Looking to Hire Someone? What Not To Ask

Certain inquiries during the hiring process can land an employer in hot water. Employers must avoid asking any questions that can be interpreted as discriminatory.

In Shelley v. Geren, the Army Corps of Engineers asked the wrong questions while trying to fill an open position and ended up in court facing an age discrimination lawsuit. Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012).

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Abusing Leave

Under both the FMLA and the California Family Rights Act (CFRA), an employee can take up to 12 weeks of leave during a 12-month period to care for the employee’s own serious illness or that of a parent, spouse or child. Under the FMLA, an employee can take 26 weeks to care for a covered military servicemember who is seriously injured or ill.

An employee who is out of vacation time but wants to do some travel may be tempted to make up a “medical condition” of his or her own that requires a leave of absence.

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