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California

Considering denying insurance benefits? Always seek expert legal advice first

03/19/2012
It used to be that before an em­­ployee or former employee could get into federal court with a ­benefits-denial case, he had to show that he was a “plan participant.” But following a recent 9th Circuit decision, merely claiming to have been a plan participant is enough.

It’s your word against hers: Juries often decide if charges are trumped up

03/19/2012

If you get sued for retaliation by an employee who has previously filed a sexual harassment complaint, a jury will probably be suspicious of any discipline she received after complaining. Unless you can convincingly show the discipline you levied was deserved, a jury will have to decide if it was retaliation or legitimate punishment.

Beware defamation lawsuit after firing: Keep the reason confidential

03/19/2012

If you need to fire an employee for unethical actions, how you handle the termination may mean the difference between winning and losing a defamation lawsuit. Most important: Share information about the termination only with those who need to know about it.

EEOC plays hardball? Continue to negotiate

03/19/2012

The EEOC is supposed to engage in a conciliation process before suing employers for alleged employment violations. But sometimes the agency comes out with guns blazing, demanding a huge payment to settle a complaint. Some employers naturally respond negatively—and they may even walk away without further discussions. One employer recently did just that, and then tried to get a federal court to dismiss the EEOC lawsuit.

Incompetence can’t turn manager into hourly

03/02/2012
Sometimes an employee pro­­moted to management just isn’t ready for new responsibilities. Maybe she’s having a hard time thinking like an exempt employee, longing for the days when she was entitled to breaks and overtime. Fortunately, if you discipline such employees for neglecting their duties, they can’t later claim they actually were hourly employees entitled to overtime.

Problem employee both brash and unskilled? Focus on performance issues when disciplining

03/01/2012
Where should you focus if an employee is both difficult to get along with and doesn’t perform as well as she should? It’s actually an easy call. Avoid a potentially successful lawsuit by focusing on poor performance rather than demeanor or other subjective problems.

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Court: False harassment complaint is grounds for termination

02/22/2012
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.

Jury awards almost $865,000 to Muslim security guard

02/22/2012
A San Francisco jury has awarded $865,000 to a Muslim security guard who says his co-workers and super­visors called him a terrorist and an al-Qaida member.

New state wage theft act requires pay notices

02/22/2012

California’s Wage Theft Prevention Act, which went into effect Jan. 1, criminalizes willful violations for nonpayment of wages and sets civil penalties for failure to pay minimum wages. It also requires employers to provide employees with wage notices …