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Employment Law

An unsigned contract can still be legally binding

11/01/2003
Issue: Some courts consider agreements, signed or unsigned, to be valid, binding contracts.
Risk: A manager’s verbal promise could lock your company into legal agreements it must follow …

Play it safe: Craft policy banning supervisor/subordinate relationships

11/01/2003
Issue: Personal relationships between employees and their bosses are ripe conditions for legal trouble.
Risk: Any form of quid pro quo (“this for that”) exchange of sexual favors for job …

Firing for ‘moral issue’ is legal but unwise

11/01/2003

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida

Don’t ‘call out’ staff slackers in public

10/01/2003
Reprimands and demotions are a normal part of managing people. But don’t let supervisors take it a step further by broadcasting a reprimand to those with no reason to know.
…

Your ability to block e-mail from angry ex-employees just got harder

10/01/2003
Warning: Your former workers just got the OK to blitz your employees at work with e-mails, including those that criticize your employment practices, thanks to a much-anticipated ruling from the California …

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Nonunion shops: You can be liable for ‘unfair labor practices’

10/01/2003
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees’ rights to engage in …

You can’t outsource your WARN Act notice obligations

10/01/2003
If your company outsources HR tasks, don’t expect the outside provider to share the rap for a Worker Adjustment Retraining and Notification (WARN) Act violation, the law that requires certain companies …

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …

Employee ‘odor policy’ doesn’t pass the smell test

10/01/2003
Courts typically say that grooming policies (such as those that deal with hair or beards) violate federal discrimination law if they disproportionately affect
a protected class and if the company …