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New York

Appeals court to lower courts: Consider NYC claims separately

10/07/2011
Do you have employees in New York City? If so, different and more stringent rules apply to your HR practices. It isn’t enough to get federal discrimination claims dismissed. Trial courts have to consider city claims separately.

Sorting through résumés? Make criteria clear

10/07/2011
These days, you’re probably receiving tons of résumés for open positions. You obviously can’t interview all candidates. But don’t get careless about whom you pick to advance to the next screening level.

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011
Want to avoid needless and ex­­pensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.

When service member returns from active duty, reinstate to job that’s truly comparable to old one

10/06/2011

Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the re­­turn­­ing worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.

Oyster Bay cracks, agrees to settle pension lawsuit

10/06/2011
The Oyster Bay Fire Department on Long Island has agreed to settle an EEOC class-action age discrimi­nation suit that alleges that older firefighters illegally lost out on pension benefits.

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

Worker wants transfer? Show she requested it

09/23/2011

Poor performers facing disciplinary action may despair when they realize they can’t improve fast enough to avoid termination. Often, that’s when they request a transfer to another open position within the organization. But before you agree to a transfer, be sure to demand the employee’s request in writing and outline exactly why the transfer is being arranged.

Upstate sporting goods store fined for endangering workers

09/07/2011
It could have given new meaning to the phrase “squeeze play.” Dick’s Sporting Goods has been fined after safety inspectors discovered that managers at a store in Queensbury failed to turn off a trash compactor before forcing employees to climb inside to clear jammed cardboard boxes.

Was accent on no accents at tony Princeton Club?

09/07/2011
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”