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New York

Can I fire an employee who is likely to develop a serious disease?

11/07/2008

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?

What can we do if former employee might have taken info to competitor?

11/07/2008

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

Prayer breaks may be reasonable accommodation

10/01/2008

Gone are the days when employers could accommodate employees’ religious practices by being flexible about who worked Saturdays and Sundays. Today, employers may have to offer additional prayer breaks in the middle of the workday, too …

Keep careful track of ADA conversations

10/01/2008

Trying to come up with a reasonable accommodation for a disabled employee? Need more information on her limitations before you can look for possible open positions that may allow her to work? Make sure someone takes charge of coordinating the process so nothing falls through the cracks …

Gristede’s finds you can’t have it both ways on FLSA

10/01/2008

A class of more than 400 current and former managers at Gristede’s grocery stores won summary judgment in federal court on claims that the New York City chain violated the FLSA by treating them as both salaried and hourly employees …

Follow basic rules for job descriptions, interviews to avoid hiring bias

10/01/2008

Want to avoid needless lawsuits from disgruntled applicants? Adopt some basic rules for handling the selection process, and pay special attention to the all-important job description and interview. As the following case shows, employers that follow some simple rules probably won’t lose a hiring discrimination lawsuit …

Remind bosses: They may be personally liable for discrimination under N.Y. law

10/01/2008

Sometimes, it takes a strong argument to get supervisors to pay attention. Want them to make absolutely sure no one is being harassed or discriminated against? Just remind bosses that turning a blind eye to workplace problems may cause them terrible legal and financial problems of their own …