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Employment Law

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

Employee out on FMLA leave? You can still insist on following call-in policy

01/14/2011

Some employees think that once they are approved for FMLA leave, they don’t have to follow the same rules as other employees when they’re away from work. That’s not necessarily true. In fact, employers are free to create call-in policies that require employees who are going to be absent to phone daily—and they can include employees on FMLA leave in that policy.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Insist that managers conduct interviews–even if they ‘know’ who’s best for the job

01/14/2011

Supervisors may think they know all the candidates for promotion so well they can select one without actually interviewing the interested employees. That’s a big mistake. Chances are, if one of the disappointed applicants sues, the supervisor will have to answer very specific questions about the hiring process.

Settling a lawsuit? 3 tips to reduce the IRS’ share

01/12/2011

If you’re embroiled in a contentious legal dispute, taxes may be the last thing on your mind. But errors in the way you draft a settlement agreement could mean thousands of dollars going into Uncle Sam’s pocket—instead of yours. Strategy: Try to minimize the income tax consequences of a settlement. And do it before you sign the agreement. Once that occurs, you’re stuck with the deal you made.

Retail ‘managers’: Exempt or not? Look at duties, not time spent on them

01/12/2011
Retail managers often spend most of their time doing the same work that hourly employees do, such as running cash registers. Even so, they may qualify as exempt employees under the Fair Labor Standards Act. Why? It’s the quality of the management work they do that counts, not the number of hours they spend doing it.

Don’t turn the other cheek on workplace bullies

01/11/2011

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it’s now a significant liability hazard for employers. Here’s how to institute a “no-jerks” rule at work that can help stop bullies.

Orlando man tries to take bite out of Apple

01/11/2011
Apple Computer’s hip youth culture may have met its match in Michael Katz, a former employee who is suing the company for age bias.