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Employment Law

Can I terminate a cashier who just filed for bankruptcy?

03/09/2010

Q. I just found out that an employee filed for bankruptcy. I’m concerned, because she works a cash register and has access to money. Can I fire this employee?

What are the rights of an employee who wants leave to care for his pregnant girlfriend?

03/09/2010

Q. An employee’s girlfriend is pregnant and having some complications. He has asked for time off to care for her until the baby is born. What are his rights?

Congress’ employment law agenda: 7 key bills to watch closely

03/08/2010

Now that the Democrats have lost their 60-vote supermajority in the Senate, it will be that much more difficult for the Obama administration to make good on many of its pro-employee campaign promises. But this still could be a key year for Democratic plans to revamp our national employment laws. Here are seven key initiatives pending in Congress and what they could mean for your business if they become law.

Dispense employee medical information only to those who truly need to know

03/05/2010

The ADA requires HR and employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

Good documentation proves you’re not biased

03/04/2010

Employers that take the time to document workplace problems usually don’t lose discrimination lawsuits. The reason is simple: A carefully documented work history—showing exactly how the employee was breaking rules or underperforming—makes it difficult to prove discrimination.

Warn bosses: Do nothing that discourages FMLA leave or punishes those who take it

03/04/2010

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

Working in NYC? Following state, federal laws won’t cut it

03/04/2010

For most New York employers, complying with Title VII means they’re also in compliance with the New York State Human Rights Law (NYSHRL). Courts typically lump the claims together. That’s not necessarily true if you operate in New York City.

‘My disability made me do it’ argument fails to impress

03/04/2010

Some disabled employees believe that their disabilities excuse them from following the workplace rules other employees have to abide by. That’s not true. Case in point: An IBM employee was fired for accessing sexual materials on his work PC. He sued, alleging that post-traumatic stress disorder made him more vulnerable to addiction, including a compulsion to access sexually oriented materials. The court refused to entertain that argument.

Exotic dancers to bosses: Hands off our tips!

03/04/2010

Exotic dancers at the Penthouse Executive Club in New York City’s Hell’s Kitchen neighborhood are suing in Manhattan federal court, claiming their bosses have been raiding the tip box, pilfering money that rightfully belongs to the dancers. They allege the owners sometimes took so much money that some dancers’ pay fell below the minimum wage.

Whom you don’t want suing you for age discrimination

03/04/2010

Employment law attorney Eugene D’Ablemont turned 70 years old in 2001. He was just as productive as ever, consistently bringing in more than $1 million in fees to Kelly Drye & Warren, the international law firm in which he is a partner. Now he’s using his decades of legal experience against his own firm.