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New York

Set clear policy on promotions–and enforce it

11/11/2012
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Court loses patience with frivolous lawsuits

10/15/2012
Do you have an employee who’s threatening to sue if you discipline him? Don’t let that prevent legitimate discipline.

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.

Confidentiality instructions under attack by the NLRB and EEOC

10/09/2012
In a recent case, the NLRB issued a decision holding that a hospital violated the National Labor Relations Act by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending. Shortly after, in a different case, the EEOC took a similar position.

Years later, new owners still owe for old transgressions

10/09/2012
Townsend Oil and Propane bought Nichols Oil & Gas in Macedon seven years ago. Turns out, the company also bought liability for harassment committed more than a decade ago by the former owner.

Cantor Fitzgerald hit with race discrimination suit

10/09/2012
Cantor Fitzgerald faces a discrimination and retaliation lawsuit filed by a black former employee who claims he was fired for complaining about race bias at the Manhattan-headquartered investment banking firm.

EEOC can’t be sued for negligent investigation

10/09/2012
Don’t like how the EEOC handled a case? Too bad. It turns out, you can’t sue the EEOC.

Adjust deadlines, help reassign projects before employee goes out on FMLA leave

10/09/2012
Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust schedules or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.