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Employment Law

Double-check for signs of retaliation whenever workers complain of discrimination

02/12/2009

Here’s how routine discrimination claims turn ugly fast: A supervisor or manager gets it in her head that she’s going to punish an employee for complaining. While it’s hard for employees to win most discrimination cases, it’s relatively easy for them to win retaliation claims.

Insist on more than just diagnosis when employee claims ADA serious condition

02/12/2009

Some employees mistakenly believe that, just because they have been diagnosed with a serious condition, they are disabled and entitled to an accommodation. Employers can and should analyze the claimed disability to see whether it really substantially impairs one of the employee’s major life functions. The diagnosis alone is not enough. It’s just the starting point.

Corporatewide pay policies reduce class-action risk

02/12/2009

It’s one thing to have to pay a wage-and-hour claim for one or two employees. It’s quite another to have to defend a giant class-action overtime suit. One way to cut the risk that a minor problem will morph into a huge lawsuit is to enforce clear overtime rules.

OK to have stricter standards for probationary employees

02/12/2009

You can learn a lot about an employee during the first few weeks. Missing work then probably means attendance will be a problem later. Having stricter rules during the initial probationary period will help you weed out problem employees.

DOL chases down ‘orphan’ retirement funds

02/12/2009

Here’s a trend to watch out for as the economy continues to slow: As companies go out of business, employees sometimes lose access to their retirement funds. It’s not a new problem, but it’s one the U.S. Department of Labor (DOL) is trying to fix.

Hastings offers settlement to cop accused of wrongdoing

02/12/2009

A female police officer who was placed on administrative leave after being accused of writing false traffic-warning citations has received a payout from her employer, the Hastings Police Department.

Stillwater schools settle age discrimination lawsuit

02/12/2009

The Stillwater School District has agreed to pay a part-time teacher and athletics coach $137,000 to settle age discrimination claims in a lawsuit filed by the EEOC.

Put best foot forward when responding to EEOC administrative claims

02/12/2009

The EEOC and state and local agencies have been filing more and more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly.

How should we handle layoffs without risking discrimination claims?

02/12/2009

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

How do courts approach enforcement of noncompete agreements?

02/12/2009

Q. My company requires new employees to sign a two-year noncompete agreement. Are such agreements enforceable?