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Employment Law

Employee wants transfer to avoid harassment? Be sure to note that she requested it

12/22/2010

Here’s a tip that can save you from a nasty retaliation lawsuit following the transfer of an employee who has claimed sexual harassment. If she’s the one requesting the move, be sure to document that request very carefully. She may later claim that the transfer was retaliation for complaining.

When worried about religious accommodation, keep lines of communication open

12/22/2010
Employers are supposed to accommodate all religions and their practices when reasonable. If you don’t train managers to handle accommodation requests with dignity, you may find yourself facing a religious discrimination lawsuit.

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.

Impossible employee? FMLA rules still apply

12/22/2010

It can be tempting to ignore an employee who is impossible to reason with. That’s a bad idea, especially if any of his infuriating behavior involves a request for FMLA leave. If you ignore your obligations, you’ll probably end up in court.

Remind bosses: Reference check calls go to HR

12/22/2010
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. That’s why the best practice is to refer all calls for reference checks to HR. Then, only provide the most basic information.

Where there’s smoke, there’s fire … or, in some cases, no hire

12/22/2010
Many employers are deciding not to hire smokers, and still more are trying to limit employees’ use of tobacco. Companies are screening new hires for nicotine as a condition for employment, imposing higher health-benefit premiums for smokers and trying to help smokers quit. Policies run the gamut:

Job discrimination claims hit all-time high

12/22/2010
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to 99,922 in federal fiscal year 2010, the highest annual total in the EEOC’s 45-year history.

Bergen hospital nurse claims retaliation after reporting abuse

12/21/2010
Mary Louise Doyle, a nurse fired from the Bergen Regional Medical Center, has filed suit against her former employer, claiming she lost her job in retaliation for exposing improper practices at the hospital.

N.J. Supreme Court backs former HR exec who copied documents

12/21/2010

The New Jersey Supreme Court has handed disgruntled employees a big weapon to use against their employers. The court ruled that Joyce Quinlan was within her rights to photocopy company documents—some of which were confidential—to use in a lawsuit against Curtiss-Wright, the aerospace company where she once served as executive director of human resources.

Worker back from FMLA? Beware making job changes

12/21/2010
After an employee returns from FMLA leave, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.