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Employment Contracts

Waiver protection is limited

09/01/2000

Q. Many of my former employees want me to provide post-employment references, but I’m afraid of liability. Can I ask them to sign a release giving me permission to provide references that would absolve me from any liability? —A.K., Virginia

More reason to prevent race bias: Courts open new avenue for claims

08/01/2000
Jackie Lauture, an African-American, was an at-will employee at IBM for 16 years before she was fired for poor performance. She sued for race discrimination …

Leave nothing unsaid or undone when settling a lawsuit

08/01/2000
William Gilbert III agreed to settle his age discrimination case against Monsanto Co. by accepting a lump sum payment and immediate access to his pension. Because the company’s attorney said …

Plan for legal consequences of flextime, job sharing

08/01/2000
It’s no secret that offering flextime and job-sharing arrangements can help your company retain valued employees and develop a more committed work …

Two May Be a ‘Group’ Under OWBPA

08/01/2000

Q. I know that the Older Workers Benefit Protection Act (OWBPA) requires that I provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act (ADEA). How many employees constitute a “group”? —N.W., Pennsylvania

Beware of Restrictions on Right to Fire at Will

08/01/2000

Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him? —A.C., Virginia

It’s not always best to challenge a handbook’s implied contract

07/01/2000
Continental Airlines followed a detailed attendance policy with machinist Kevin McGuire. He first got verbal and written warnings, then was fired. McGuire contested …

Recover training costs

07/01/2000

Q. Can we require an employee to sign an agreement to reimburse the company for half the expenses related to training, if the employee resigns within six months? —S.D., Northern Marianas

Don’t lose your at-will right by guaranteeing a job for life

05/01/2000
Officials at the Huntsman Corp. allegedly told James Scott Wesson that he “would always have a job” there. But Wesson’s employment contract made no mention of lifetime employment. When the company …

Be careful when altering pregnant worker’s pay

05/01/2000

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan