• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Domestic-partner benefits: Don’t fear cost, controversy

03/01/2004
Issue: More employers are offering domestic-partner benefits to both same-sex and opposite-sex couples. Benefit/risk: Such benefits can provide a good recruiting tool, but thorny legal and tax issues must be …

Phrase job offers carefully to avoid confusion, lawsuits

03/01/2004
Issue: What you don’t say in a job-offer letter may be just as important as what you do say. Risk: Fired employees may try to use poorly written job-offer letters …

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.

Develop rules for using cell phones while driving

03/01/2004

Q. One of our managers was talking on his company cell phone when he struck and injured a pedestrian. Can the pedestrian sue the company? —P.L., Washington

Don’t oversell job openings; you’ll risk a fraud lawsuit

02/01/2004
Issue: Misrepresenting a job offer by failing to disclose key facts or overselling the position.
Risk: Hiring managers who don’t tell the full story about a job could expose the …

When deciding layoffs, rely on several objective factors

02/01/2004
When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Age difference of six years or less destroys employee’s age-bias claim.

02/01/2004
A 54-year-old supervisor’s management duties were handed to a 48-year-old employee. The supervisor sued under the Age Discrimination in Employment Act. A federal appeals court tossed out the case. Court’s reason: …

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

You can require tests to determine ADA accommodations

02/01/2004
Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

Stop ‘cybersquatters’ who try to hijack your Web address

02/01/2004
Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …