• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Louisiana

Need to alter duties? Document the reasons

07/07/2014

Employers have the right to manage their workforces in the most efficient way possible as long as they don’t discriminate. As a practical matter, that means employers should think ahead to a potential lawsuit when making significant workplace changes such as reducing the workforce, consolidating positions and reassigning work.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.

Survive most lawsuits by being able to cite solid, documented reasons for termination

05/07/2014

Courts like to see that ­employers pause before firing an employee accused of breaking a rule and then document their investigation carefully. Interviewing the employee should be routine in most disciplinary cases. Temporarily suspending an employee before making a final decision also shows the court that the process was fair.

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.

Never hesitate to make legit rule changes

03/17/2014
Have you found that some of your disciplinary rules are too lenient? Don’t hold back on stiffening your rules just because you fear the first employees subject to harsher penalties might sue you.

Noncompete buried in benefit plan? Admin sets the terms

02/28/2014
Are some of your benefits—such as bonuses or other merit payments at retirement or departure—contingent on complying with a covenant-not-to-complete? Chances are the benefits plan administrator—not a federal court—will be interpreting the terms.

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing em­­ployee complaint is to transfer the em­­ployee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

RIF results in less workforce diversity? Be ready to prove bias wasn’t the motive

02/28/2014
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.

Believe it or not, you still have to say it: Managers can’t express racial preferences

02/28/2014
By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.

When porn is ‘research,’ First Amendment may apply

02/07/2014
Some professions in the public sector may benefit from constitutional protections more than other employees.