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

New York

Government whistle-blowing is protected speech–unless delivered in insubordinate manner

01/09/2013
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).

Give employee time to weigh severance offer

01/09/2013
If you want to offer a severance package to an em­­ployee in exchange for giving up the right to contest a discharge, give him plenty of time to consider the offer. If you don’t, the signed deal may not be final.

New York towns may discipline cops outside terms of union contract

12/30/2012

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

EEOC issues guidance for helping victims of domestic violence

12/05/2012
New EEOC guidance shows how Title VII and the ADA may affect employer efforts to assist employees victimized by domestic violence. It shows how em­­ployers might be inadvertently compounding victims’ pain—and how that might create legal liability.

This would so require Don Draper to fix a drink

12/05/2012
The fear of being sued became a self-fulfilling prophecy for Collin De Rham, a screenwriter for the hit cable series “Mad Men,” and his wife after they fired the nanny who cared for their young child.

NY High Court peering into Starbucks’ murky tip pool

12/05/2012

The state’s highest court is weighing how New York state law applies to Starbucks’ tip-pooling practices, which funnel some customer tips to management personnel. The case has wound through the legal system as courts try to determine how state law applies to Star­­bucks’ tip pools.

A slam-dunk lawsuit? NBA charged with gender bias

12/05/2012
The National Basketball Association faces a sex discrimination lawsuit filed by a woman who was once a senior account executive for the league.

Former CEO claims Brooklyn credit union retaliated

12/05/2012
The former head of the Brooklyn-based Polish and Slavic Federal Credit Union is suing the financial institution, claiming he was fired because he refused to follow its policy: hiring only workers of Polish descent.