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Employment Law

Applicant doesn’t have ‘property right’ to job

06/08/2011

Good news for government agencies: People who apply for government work don’t have a property interest in a potential job, even if they make the list of finalists, and others on the list don’t want the job. That’s true even if the hiring committee states it plans to hire someone from the list and then does not.

Settlement accepted? That makes it a contract

06/08/2011
Here’s something to remember when your attorneys are negotiating a settlement agreement in a pending lawsuit or other claim: As soon as you and the other party agree to an offer, a contract is formed and the terms are binding. That’s true even if the agreement hasn’t yet been signed.

What’s the New Jersey law on paydays?

06/08/2011
Q. Are there specific rules on when I must pay my employees?

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.

No changes needed to implement new I-9 regulations

06/08/2011
You may have heard that the U.S. Citizenship and Immigration Services published final regulations—which took effect May 16, 2011—regarding employers’ Form I-9 employment verification practices. The good news: You don’t need to change any of your current practices—as long as your forms and practices are up-to-date.

Aldi warehouse parent company will pay $60,000 for bias

06/07/2011
Eclipse Advantage, Inc.—a transportation, logistics and distribution management company—has agreed to pay $60,000 to settle an EEOC racial harassment and retaliation lawsuit.

Overexposed meat manager costs supermarket $300,000

06/07/2011
Dave’s Supermarket will shell out $300,000 to settle sexual harassment charges after it failed to act swiftly to address a misbehaving meat manager at its Lee-Harvard Shopping Center store on Cleveland’s east side.

Check for job search if employee was ‘forced’ to quit

06/07/2011
Under limited circumstances, an em­­ployee can claim that harassment or discrimination at work made her life so miserable that she had no choice but to quit. She can then walk out and sue as if she had been fired. But what if it turns out that the employee found a job before quitting? That can sink her claim.

You can demand a mental exam if you’re sued for emotional damage

06/07/2011
Employees who claim they worked in an environment so sexually hostile that they suffered psychological damage may have to undergo a mental examination and intensive testing before the case goes to trial. It’s the only way an employer can determine whether the alleged damage was indeed related to the harassment, or perhaps came from another source.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.