Employment Law

Tell employee of subpoena for personnel file

01/01/2000

Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena? —K.H., District of Columbia

Prepare managers for EEOC inquiry

01/01/2000

Q. A former employee recently filed a complaint against my company with the Equal Employment Opportunity Commission (EEOC) alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews? —D.N., Colorado

You may not need an affirmative action plan

01/01/2000

Q. Are all employers required to have affirmative action plans? —T.S., Maryland

Don’t assume you can’t accommodate workers’ religious objections

01/01/2000

When a manager checked Hillel Hellinger’s references for a pharmacy job, a former supervisor told the manager that Hellinger, an Orthodox Jew, refused to sell condoms in his previous job.
…

Don’t rush into affirmative action hiring

01/01/2000

When the Resorts International Hotel in Atlantic City needed a full-time light and sound technician, the choice appeared simple. The two top candidates were equally qualified but, knowing that the casino …

Let managers know they may be held personally liable for bias

01/01/2000

Wendy Vivian didn’t just sue her employer for racial and sexual discrimination. She went after her supervisor to hold him personally liable and the state Supreme Court gave her the green …

Ability to use noncompete clauses is shrinking

01/01/2000

Doing business at the speed of the Internet may trim the time you have to restrict former employees from working for competitors. Mark Schlack signed an …

Don’t let religious employees badger other workers

01/01/2000

As a born-again Christian, Kenneth Weiss says he is required to share his religious beliefs with others, including co-workers. But for some, working with him was hell.
He condemned co-workers, …

Don’t let your policy create an end run for disabled employees

01/01/2000

Denver’s employment system blocked police officers and firefighters from being reassigned directly to other jobs in city government. They had to compete with noncity employees for jobs.
But that didn’t …

Beware of requiring lengthy travel without paying for worker’s time

01/01/2000

As a refrigerator and utility mechanic, David Kavanagh traveled to more than 50 stores. Although his employer paid him for travel time during the day, it didn’t cover his commute to …