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Employment Law

What to do? Employee who complained about harassment wants us to drop the investigation

02/01/2008
Q. What if the harassment victim wants the matter dropped? Do we still have to conduct an investigation?

Concerns during a harassment investigation

02/01/2008

Q. If we start an investigation about sexual harassment, is there anything we need to worry about while conducting the investigation? …

An age-Old problem: ‘Stray remarks’ have a way of coming home

02/01/2008

Conventional wisdom has been that isolated or “stray” remarks alone by an employer do not prove discriminatory intent. Conventional wisdom may be wrong. A recent 2nd Circuit Court of Appeals case (Tomassi v. Insignia Financial Group, Inc., 478 F.3d 111, 2007) has clarified what it deemed a misconception of the true meaning of the term “stray remarks”  …

Misclassifying employees as contractors? IRS wants to know

02/01/2008

Consider yourself warned: The IRS has said it will crack down in 2008 on organizations that misclassify workers as independent contractors when they actually should be considered employees. It’s a tricky problem for HR pros, who don’t typically play a role in classifying independent contractors …

Can you force staff to participate in wellness programs?

02/01/2008

Your organization, like many, may have embraced a wellness program to help employees quit smoking, lose weight, exercise more or participate in screenings for high blood pressure or cholesterol. You may have even thought about requiring employees to participate. But that’s a controversial practice that is likely to step on laws ranging from HIPAA to the ADA …

Same job titles don’t always demand identical pay

02/01/2008

While the federal Equal Pay Act prohibits wage discrimination against women, it doesn’t require every employee in the same position to earn the same salary. If you can point to factors other than gender (e.g., seniority, education, experience, skills, etc.), you can set different salaries for employees who hold the same job titles …

Consider 360º evaluations to catch supervisor-Bias problems

02/01/2008

Sometimes, it’s hard to see what’s actually going on down at the frontline supervisor level. A rogue manager may be spouting all sorts of garbage and getting away with it—until he fires someone who ultimately sues. Then, it may be too late to save the company from a costly jury verdict. One way to spot potential problems is with a simple HR evaluation technique—the so-called 360-degree evaluation …

Litigious worker criticizes company? You may be able to fire

02/01/2008

Employers can’t discipline employees for filing discrimination claims with state or federal agencies. That’s retaliation. But what if an employee is spouting off to co-workers and customers about how he’s suing to “get” the company? …

Do you have a ‘No lying’ policy? It could be a legal lifesaver

02/01/2008

If you don’t have one, consider adding a general honesty or misrepresentation clause to your employee handbook. Such a clause can come in handy when you are looking for a solid reason to discharge someone who just isn’t being upfront and honest with the company, but technically may not have violated a specific work rule …

Having dispute in ‘Grievance’ does not stop lawsuit deadline

02/01/2008

All employers with a unionized work force, take note: Just because someone has an age discrimination claim awaiting resolution under your collective bargaining agreement’s grievance procedures doesn’t mean the employee can’t prepare to file a lawsuit. In fact, the employee may have no choice but to go forward …