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Employment Law

What’s a bad firing cost? For one company, $4 billion

07/28/2009

Yes, you read right. Four billion dollars. Billion—with a “B”! A California superior court recently confirmed an award of $4.1 billion against a Chinese company, its U.S. affiliate and its founder after an arbitrator found them liable in a compensation dispute with a former executive.

Update your policies: North Carolina bans texting while driving

07/27/2009

Cell phones, BlackBerries, iPods, iPhones and GPS devices—even laptop computers—all offer important travel information and productive work connectivity for employees on the go. But using those devices while operating a vehicle is also dangerous. That’s why North Carolina recently passed a law, effective Dec. 1, making it unlawful for a person operating a motor vehicle to send text or e-mail messages while the vehicle is in motion.

What should we do? A contract refers to both ‘termination for cause’ and ‘at-will’ employment

07/27/2009

Q. We need to fire an employee who has an employment contract that limits termination without notice to “for cause” events. Must we abide by this provision if another provision in the contract clearly indicates that his employment is “at will” only?

Can a former employee demand that we pay her for unused vacation and sick leave?

07/27/2009

Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?

What should I consider when updating our noncompete agreements?

07/27/2009

Q. The employment and noncompete agreements we have with our salespeople are several years old and appear outdated to me. May I require everyone to sign new, updated agreements?

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

Former boss’s good reviews don’t prove new boss’s bias

07/27/2009

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.

Contract conundrum: Pay lawyer now, or pay employee later?

07/27/2009

Confusing contract language did not cost a New Jersey car dealer millions of dollars, but in this economy, who can afford to lose even a little?

State wage & hour inspector took $1.86 million in bribes

07/27/2009

Joseph Rivera, senior investigator for the New Jersey Department of Labor and Workforce Development’s Wage and Hour Division, pleaded guilty in a Camden courtroom to taking $1.86 million in bribes from temporary labor firms …

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.