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Employment Law

Indemnify a Noncompete? Not So Fast

04/01/2002

Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia

Health Plan Cancellation Ends Your COBRA Obligation

04/01/2002

Q. Our business recently was forced to implement layoffs—and most remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is cancelling our policy. What’s our responsibility to that ex-employee? —G.B., Texas

Rehiring Is Your Call

04/01/2002

Q. We have a number of Hispanic employees who speak little or no English. One of these employees recently resigned through a Spanish-speaking co-worker acting as interpreter. She quit after we denied a raise because of problems with her timecard. Her mother called and demanded that we rehire her daughter. Are we under any legal obligation to rehire? —W.K., Maryland

A few brief incidents can create ‘pervasive’ harassment

03/01/2002
Three Hispanic men were hired as a house-painting crew for a contractor. Typically, the crew checked into the company’s office for only two minutes to 15 minutes a day, once in …

Don’t deny leave requests based on gender stereotypes

03/01/2002
After his wife gave birth, Kevin Knussman, a Maryland state trooper, applied for family leave. Because his wife had medical problems after the birth, Knussman asked for an extra 30 …

Definition of ‘work environment’ just got wider–so did your risk

03/01/2002
During a layover in Rome, two Delta flight attendants went shopping. Afterward, the male employee invited his female co-worker to his hotel room to sample a new wine. After drinking a …

Create a job testing policy that’s rock solid and bias-proof

03/01/2002
Charles Sledge, an African-American builder at a tire manufacturing plant for 23 years, was repeatedly denied the chance to interview for a promotion to mechanic. In every case, the positions were …

Reject accommodation requests that harm business relationships

03/01/2002
Elizabeth Anderson, an office worker for a shipping firm, regularly ended her conversations and written communications with customers with the words, “Have a blessed day.” After her employer got a …

Ease strict noncompete pacts or risk wrongful discharge claim

03/01/2002
As part of a merger, Aetna U.S. Healthcare required employees to sign an agreement barring them from working for a competitor in the same state for two years or any competitor …

More reason to avoid overtime violations: Steeper penalties

03/01/2002
The U.S. Labor Department has recently jacked up its penalties for violating minimum wage, overtime or child labor provisions of the Fair Labor Standards Act. The 10 percent increase in fines …