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New York

Must we mail former employee’s last paycheck?

04/02/2009

Q. We have terminated an employee who has moved out of state and requested we mail his last check to him. Do we have to mail it? If so, when?

Can we search employees? We suspect theft

04/02/2009

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

What are the New York state laws affecting background investigations of applicants?

04/02/2009

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Citigroup accused of ‘recessionary’ sex bias

04/02/2009

In a textbook illustration of the perils of downsizing, a group of female executives has filed suit against beleaguered banking giant Citigroup, charging the bank’s layoffs hit women executives harder than men. That, attorney Douglas Wigdor told Forbes.com, is “recessionary discrimination.”

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

It’s up to you to establish exempt status

03/06/2009

To avoid paying overtime and keeping track of every minute employees spend on the job, many employers reflexively classify employees as exempt rather than hourly employees. But many employers get it wrong—and that can be costly.

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

Offer alternatives to layoffs—but don’t expect your good deed to go unpunished

03/06/2009

Courts understand that today’s economic climate is difficult. They aren’t likely to assume a company is restructuring or downsizing solely to “get” some employees. That’s especially true for employees lucky enough to be offered an alternate position—and then turn it down in order to sue.

Take strong stand against harassment with policy—and punishment for harassers

03/06/2009

There’s no sure way to protect your organization from a rogue supervisor who sexually harasses a subordinate. However, you can reduce your liability with a strong, proactive stand against any supervisor/subordinate personal relationships.

Post promotion opportunities, keep records of applications

03/06/2009

Base your promotion process on a well-publicized system of posting opportunities and tracking applicants—not word of mouth or personal recommendations. It’s the best way to prevent failure-to-promote lawsuits. After all, if you can show an employee didn’t apply for a promotion, the case disappears.