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Employment Law

Act fast on harassment claims, even if employee delayed

01/01/2008

If a victim of alleged sexual harassment waits months—or even a year or more—before complaining, you may wonder how serious her claim is. Don’t let your doubts affect how you handle the case. In fact, the best way to protect your organization is to act quickly on all harassment complaints, no matter how improbable, minor or tardy they may seem …

Require use of vacation time if you know FMLA doesn’t apply

01/01/2008

Employers don’t have to allow employees to take sick or FMLA time just because they claim minor health problems. If you are certain that an illness or injury doesn’t amount to a serious health condition as defined by the FMLA, then there is no reason to run the time against FMLA or sick time …

Track discipline to quickly counter lawsuit claims

01/01/2008

No employer is immune from employee lawsuits. But there is a lot you can do to lessen the impact of lawsuits that do occur—before they cost huge expenditures of time, effort and money. One of the best ways to ensure the quick dismissal of frivolous claims is to have information at your fingertips, especially disciplinary data …

Retiring instead of facing discipline doesn’t constitute constructive discharge

01/01/2008

Employees who retire to avoid facing internal disciplinary charges can’t turn around and claim they were constructively discharged. That’s why employers might want to consider offering retirement in such cases as an option in lieu of discipline …

Have a sick leave bank? Make it accessible to all who qualify

01/01/2008

If, like many employers, you maintain a sick leave bank for employees who exhaust their available leave time, remember this: You’ll risk a retaliation lawsuit if you deny the use of banked time to an employee who has filed a discrimination claim …

Judge denies TWU bid to regain dues check-Off rights

01/01/2008

Brooklyn State Supreme Court Justice Bruce Balter flatly denied the Transport Workers Union of America’s (TWU) request to resume automatic dues deductions after the union failed to renounce its right to strike …

Hookers, communal baths put Dentsu in hot water

01/01/2008

Steve Beigel, former creative director for Manhattan ad agency Dentsu Holdings, is suing the company over sexually offensive outings held on company trips …

Waitress: Cipriani restaurant is hostile to women

01/01/2008

A waitress has sued Cipriani restaurants and a dozen male employees, claiming they subjected her to a stream of degrading comments about women. Lastenia Amparo Torres, who works at Harry Cipriani in the Sherry-Netherland Hotel in Manhattan, said the harassment began when she joined the restaurant in 2000 and hasn’t let up since …

Hollywood on the Hudson: Shrink says he was forced out

01/01/2008

A psychiatrist has sued Columbia University, saying a colleague undermined his work in a Machiavellian effort to force him out. Dr. Peter Jensen, former director of the Center for the Advancement of Children’s Mental Health, claims Dr. David Shaffer, director of child psychiatry, falsely impugned his work …

Require HR review of disciplinary records before discharge

01/01/2008

Nothing will send a discrimination case to trial faster than obvious unequal treatment of employees. That’s why it is important to have someone in HR do a complete review before the company discharges someone for poor performance or rule violations …