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Employment Law

Terminated employee claims discrimination? Warn managers against any sort of retaliation

11/24/2009

Some managers and supervisors can’t leave well enough alone after they terminate an employee. When the former employee files a lawsuit, they try to find a way to strike back. That can be a disaster! That’s why you must make sure bosses understand the consequences that may flow from a single act of vengeance or anger.

Questions and answers about H1N1 flu and wage-and-hour laws

11/24/2009

If H1N1 flu threatens to shut down businesses nationwide, employers are going to need contingency plans to make sure they keep running. Flexible work schedules, temporary shutdowns and telework can all help—but all have unexpected wage-and-hour implications. Here’s guidance from the Department of Labor on how to handle these tricky issues.

Your ‘good faith’ goes a long way toward fair religious accommodations

11/24/2009

As the workforce grows more diverse, so do the religious practices that employers may be asked to accommodate.
Consider a policy that clearly sets out how to request time off for religious practices, and establish a mechanism for deciding who gets priority. It may not be possible for everyone to get their desired time off, but as long as you don’t discriminate against a particular religion, reasonable limits are likely to stand up in court.

Firing a long-time employee? Good documentation beats age bias claim

11/24/2009

Employees who have worked for their employers for decades often assume that if they are fired, it must be because of their advancing age. Then they sue, alleging age discrimination. Because they have been employed for so long, they usually don’t have any trouble showing that they were qualified for their job. That puts the burden on employers to prove they had a sound reason for the termination.

Frivolous case filed too late? Too bad

11/24/2009

Judges generally bend over backward to give leeway to employees who represent themselves in court. But now some judges have begun showing more sympathy to the plight of employers that have to defend against those lawsuits—which often turn out to be frivolous.

Limping employee not ensured NJLAD protection

11/24/2009

You know that you can run into trouble if you treat someone as disabled when they are not. But you’re not in violation of the “perceiving as disabled” provisions of the New Jersey Law Against Discrimination (NJLAD) every time you notice an employee has a physical problem.

Just kidding about the robbery! No kidding about the lawsuit

11/24/2009

Pharmacy technician Babette Perry was terrified when an armed man burst into her work area demanding OxyContin and telling her he had taken one of her co-workers hostage. She later learned that the entire episode was a training exercise staged by the private psychiatric facility. She’s now suing …

Employment eligibility update: E-Verify in, no-match rule out

11/24/2009

In August 2009, the U.S. Department of Homeland Security (DHS) published a proposed regulation that would rescind the “no-match rule” that for years has been the centerpiece of the government’s effort to enforce laws banning employment of illegal immigrants. The no-match rule made employers responsible for resolving discrepancies when employees presented mismatched Social Security numbers on employment eligibility verification Form I-9. DHS wants to rescind the no-match rule in order to emphasize its E-Verify program …

How long must we keep unsolicited résumés?

11/24/2009

Q. During these tough economic times we get numerous unsolicited e-mailed résumés from candidates seeking employment. Do we have any obligations to keep these résumés on file?

What are my options? Employee’s on jury duty

11/24/2009

Q. One of my employees was called to jury duty and assigned to a lengthy trial. What are my obligations to this employee? Do I have to grant paid leave? May I permanently replace the employee if I cannot afford to hold the position open?