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New York

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008
Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …

Stray comments alone won’t prove religious discrimination

08/06/2008
Employees, aided by new EEOC guidance on religious accommodations, are feeling freer to ask for time off to participate in religious worship. The EEOC guidance makes it clear that employees must make the first move to work toward an accommodation since Title VII bars employers from asking about an applicant/employee’s religion …

Caution! Micromanagers may be lightning rods for lawsuits

08/06/2008
Some supervisors who micromanage tend to focus on one or two troublesome employees. If those employees belong to a protected class, watch out! Here’s how such cases wind up in court …

Remind managers and supervisors: We welcome complaints!

08/06/2008
The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line …

You’re justified in firing employee you reasonably believe committed ‘Leave fraud’

08/06/2008
Here’s a surprisingly common situation that presents what looks like a no-win situation for employers: A worker with a high-pressure job and a heavy workload asks for FMLA and short-term disability leave for various minor health problems. The company approves the leave, expecting the employee back after 12 weeks …

Employees fighting? Punish everyone equitably—or be prepared to explain why not

08/06/2008
If a fight breaks out at work, make sure you punish everyone involved in the incident according to his or her level of involvement. Don’t terminate one employee and suspend the other unless you have a very good reason for the different treatment …

Former broker files whistle-Blower suit following fraud investigation

08/06/2008
Timothy Flynn, a former senior vice president for UBS Financial Services, has filed a lawsuit claiming the Wall Street firm retaliated against him for cooperating with a Massachusetts securities fraud investigation …

Merrill Lynch hit with age discrimination lawsuit

08/06/2008
Lou Telerico, a former stockbroker for Merrill Lynch & Co.’s Cleveland operations, has filed a lawsuit claiming the company forced him out after 30 years of service because of his age …