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Employment Law

Use contract to compel return of documents

12/14/2011
Minnesota law doesn’t give employers a clear right to demand the return of copied documents when an employee leaves. It’s one reason that you may want an employment contract, noncompete agreement and confidentiality guarantee all wrapped up into one for employees who work with sensitive information.

Your dollars at risk: Protect yourself from personal liability

12/13/2011
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. Here’s how to protect your personal funds.

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Asian food vendor in hot water over hiring practices

12/13/2011
The Nishimoto Trading Co., which sells Asian foods to various defense department facilities, has agreed to pay $400,000 in back wages to women who alleged the company illegally refused to hire them. Nishimoto operates a facility in Miramar.

Rough reentry for Space Coast firm that defied fed auditors

12/13/2011

United Space Alliance, a cooperative venture between aerospace giants Lockheed Martin and Boeing, has refused to turn over payroll records from its Cape Canaveral facility to federal investigators. The request follows a 2009 investigation of the company’s affirmative action program by the Office of Federal Contract Compliance Programs.

Don’t fear legit discipline after employee complains

12/13/2011

Some employees try to use an EEOC complaint as a shield against criticism and discipline. They hope their employer will think twice before disciplining them for fear of a retaliation suit. Yes, a lawsuit is possible. That doesn’t mean you can ignore poor work.

Beware schedule changes that lower pay! They could trigger discrimination lawsuits

12/13/2011
When an employee’s workload is reduced and her pay declines because she’s working fewer hours, she may be able to sue. The pay reduction qualifies as an adverse action, which can trigger litigation.

The easy way to stop most bias lawsuits: Enforce all rules evenhandedly

12/13/2011
It’s impossible to know if a termination will lead a former employee to sue for discrimination. That’s why it’s crucial to enforce all your rules equitably. You don’t want an employee to be able to say that someone else broke the same rule without receiving harsh punishment.

Use formal application processes to ward off failure-to-hire/promote lawsuits

12/13/2011
You might assume that, before suing for failure to hire, job seekers and employees going for promotions would have to actually apply for the jobs they didn’t get. Unless your company has a robust, easy-to-use posting and application process, you could be wrong.

New Florida FMLA status: Pet abuse victim?

12/13/2011
State Sen. Mike Fasano has proposed an amendment to Florida’s Family and Medical Leave Act that would allow workers to take time off to protect their pets from potential domestic abuse.