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McBrayer Blogs

Showing 4 posts from September 2013.

Fighting the Flu (and Liability) in the Workplace, cont.

Posted In EEOC, Employment Law

On Monday, we examined the basic concept of employer-mandated flu vaccinations.  Generally speaking, employers may require at-will employees to get a flu shot and may terminate an employee based upon a refusal. The right to terminate, however, is not without limitation,  and a recent case on this issue instructs that certain protected rights and classifications likely must be considered prior to termination. More >

Fighting the Flu (and Liability) in the Workplace

As summer draws to an end, flu season is lurking right around the corner. Last year’s flu season was especially hard-hitting. Many employers have taken proactive steps in recent years to protect their workforce by offering free flu vaccines or encouraging employees to get one on their own. But, can employers go one step further and require their at-will employees to receive flu shots? More >

Severance Packages and Unemployment Benefits

As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends. More >

Who’s GINA and What Should I Know About Her?

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual. More >

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