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Employment Law

Two May Be a ‘Group’ Under OWBPA

08/01/2000

Q. I know that the Older Workers Benefit Protection Act (OWBPA) requires that I provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act (ADEA). How many employees constitute a “group”? —N.W., Pennsylvania

Beware of Restrictions on Right to Fire at Will

08/01/2000

Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him? —A.C., Virginia

You can be liable for worker’s online slur

08/01/2000
After Tammy Blakey sued Continental Airlines for sexual harassment, her co-workers used an online bulletin board to post derogatory gender-based messages …

Let applicant decide if job threatens his health

08/01/2000
Mario Echazabal worked for contractors at a Chevron oil refinery in California for 20 years before he applied to work directly for the company in the same unit. But Chevron refused …

Advocating for minorities can be grounds for bias claim

08/01/2000
John B. Johnson doesn’t say he was discriminated against because he is an African-American but because he advocated for minorities in his role …

Be wary of firing employees for aggressive union organizing

08/01/2000
John Ramirez’s union asked him to apply for a welder’s job to help organize the workers. He got the job and quickly started rallying support for a union bid. But …

More reason to prevent race bias: Courts open new avenue for claims

08/01/2000
Jackie Lauture, an African-American, was an at-will employee at IBM for 16 years before she was fired for poor performance. She sued for race discrimination …

Leave nothing unsaid or undone when settling a lawsuit

08/01/2000
William Gilbert III agreed to settle his age discrimination case against Monsanto Co. by accepting a lump sum payment and immediate access to his pension. Because the company’s attorney said …

Make managers aware of potential personal liability

08/01/2000
Want to get your managers to take sexual harassment claims seriously? Here’s how one human resources director does it: He begins each training session …

Maternity leave from long ago can affect benefits now

08/01/2000
Check your retirement plan to see if it gave proper service credit to women who took maternity leave before the Pregnancy Discrimination Act …