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Employment Law

When firing follows harassment, watch out! You could be facing a retaliation lawsuit

08/11/2009

Many sexual harassment complaints turn out to be much ado about very little. That doesn’t mean, however, that you can close the case and forget about the whole thing. That can be especially dangerous if the person about whom the complaint was made is a supervisor who still has authority over the employee who complained. Here’s how to handle the aftermath of a closed harassment complaint:

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Don’t overreact to co-worker’s isolated racial slur, but don’t ignore it either

08/11/2009

Most HR professionals like to think their workplaces are free from slurs and other behavior that smacks of racial hostility. If only that were always true! Sadly, bigotry sometimes rears its ugly head. But the good news is that an isolated comment probably isn’t enough to make you liable. That is, unless the comment is made by a supervisor.

Develop objective promotion criteria, stick with them—and be sure to document them

08/11/2009

You’ve just made another tough promotion decision, and 10 other urgent tasks require your attention. Before you move to the next item on your to-do list, take the time to document the promotion process. That way, if you are later sued, you can easily show the court the factors you considered.

Burden is on employers to avoid double damages under FLSA

08/11/2009

The FLSA requires employers to pay the minimum wage and the correct amount of any overtime. Violate the law and you’ll have to pay double what you owe—unless you can show you acted in good faith and with the reasonable belief that you were following the law. That’s a tough sell unless you can show you followed legal advice.

Respond to unemployment comp notices right away

08/11/2009

An employer that doesn’t file an appeal within 20 days after it receives notification that a former employee has been awarded unemployment compensation benefits loses the right to appeal. Advice: If there’s the slightest chance you’ll contest unemployment benefits, respond to the notice immediately.

Tell bosses: Check anti-military bias at door

08/07/2009

Employers must deal with employees being called to military service, even if that forces them to do more work with fewer people during the current economic crunch. The Uniformed Services Employment and Reemployment Rights Act and the FMLA grant special rights to employees who also serve in the armed forces. Some managers may resent the burden the laws cause. Too bad.

Don’t factor in FMLA when making RIF list

08/07/2009

Many employers are discovering they have to cut staff to survive. It’s tempting to eliminate those positions where the least work is being done. After all, the employees doing the least work should be the least missed. But before you decide to RIF someone, remember that you cannot consider FMLA leave in the calculation.

Make sure your promotion process gives all qualified candidates enough time to apply

08/07/2009

Supervisors who want to hand-select a particular employee for a job may be tempted to play fast and loose with the company promotion process. Watch out!

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.