Monthly Archives: April 2011

FAILURE TO COMMUNICATE RUINS EMPLOYEE’S FMLA CLAIM

The Seventh Circuit Court of Appeals recently upheld the termination of an employee who sued, alleging FMLA interference and retaliation after termination for failure to contact his employer during a nine-day leave of absence to address a medical emergency involving his mother. In Righi v. SMC Corp. of America, a sales representative, while attending a… Read more »

THE ‘GOING AND COMING’ RULE

The theory of respondeat superior makes employers vicariously liable for wrongful acts committed by employees during the course and scope of their employment. However, the “going and coming” rule generally exempts employers from liability for wrongful acts committed by employees while on their way to and from work, because employees are said to be outside… Read more »

THE INDIRECT COST OF ACCIDENTS AND LAWSUITS

Risk management experts, safety experts, accountants, actuaries, and other professionals make the distinction between direct and indirect costs of accidents, lawsuits, and so forth. For example, the cost of turnover in the HR That Works Turnover Cost Calculator includes the direct costs (such as paying for a Help Wanted ad) and indirect costs (such not… Read more »

THE CAUSES OF WORKERS COMPENSATION RETALIATION CLAIMS

I conducted an examination of California Labor Code, Section 132(a) Workers Compensation retaliation claims filed over many years. When filing a Section 132(a) claim, “in addition to establishing that the industrial injury has resulted in some detriment, the worker must also prove that he or she was singled out for disadvantageous treatment because of the… Read more »

ARE YOUR EMPLOYEES WORTH WHAT YOU’RE PAYING THEM? REALLY?

In an interesting Freakonomics podcast, authors Levitt and Levine discuss whether expensive wines are worth the price. Their conclusion: They are not. Here’s an example of an interesting experiment. Participants were asked to rate two different wines. All they knew was that one was a $10 bottle and one was a $50 bottle of wine,… Read more »

ENJOY YOUR LIFE: THE POWER OF POSITIVE THINKING

Although you might not be aware of it, there are far-reaching benefits to positive thinking that can improve your health and help you with stress management. According to the Mayo Clinic, studies show that the personality traits of optimism and pessimism can have a direct impact on your well-being. The good news is that, even… Read more »

HOW YOU CAN NEGOTIATE MEDICAL DEBT ON YOUR OWN AND WITH HELP

Health insurance costs and medical debt statistics continue to shock the general public, and with statistics such as the following, it’s no wonder. The Commonwealth Fund, a healthcare action nonprofit group, reported in August of 2009 that health insurance premiums for family coverage through employer-sponsored plans had a 119% jump in cost from 1999 to… Read more »