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New York

Allied Aviation pays $1.9 million to settle discrimination case

05/01/2008
Allied Aviation Services Inc., a New York-based provider of fuel services, settled an EEOC lawsuit for $1.9 million, following claims of persistent race discrimination at its facility at Dallas/Fort Worth International Airport …

AAM strike rocks GM operations across North America

05/01/2008
A strike by workers at five American Axle and Manufacturing Holdings (AAM) plants in New York and Michigan led to temporary closures at more than a dozen General Motors plants in February and March …

Brooklyn bookseller pays $180,000 for discrimination

05/01/2008
Michael Schmuely, owner of Books for Less, a wholesale bookseller in Brooklyn, will pay $180,000 to 21 former employees to settle a federal race discrimination lawsuit. The lawsuit alleged that Schmuely frequently used the “n” word and referred to the warehouse as a “plantation” …

Can we enforce noncompetes against staff we’ve laid off?

05/01/2008
Q. Due to the competitive nature of our business, our sales force signs restrictive covenant agreements that prohibit them from working for a competitor for a six- month period. We are about to lay off some of these employees for lack of business. Is the covenant enforceable? …

What to do when employee claims the 5th

05/01/2008
Q. We are a private corporation. Recently, we discovered some theft in our operation. We called an employee in for an investigatory interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the 5th Amendment of the U.S. Constitution. What are our choices under such circumstances?…

Responding to background checks

05/01/2008
Q. Our HR department recently received an inquiry from another employer concerning one of our former employees who was applying for a job. The inquiry contained an authorization and release signed by the employee indicating we could share the information without liability. Should we share it? …

When weighing soft skills, document decisions

04/22/2008
Employers can ask questions about candidates’ subjective qualities, especially when many applicants are objectively qualified. But don’t risk a discrimination lawsuit by carelessly documenting how you arrived at ways to distinguish applicants … 

Rites of spring: The hidden dangers of hiring unpaid interns

04/08/2008

The calendar turns to spring, and you know what’s coming. It’s that time of year when employers are swamped with requests from college students for unpaid internships. The benefits of the symbiotic relationship are obvious. But the legal risks are not …

Track performance improvement plans by protected category

04/01/2008
Employers frequently design performance improvement plans (PIPs) for underperforming employees. But the way managers choose which employees to place on PIPs can have serious consequences. Here’s how to make sure your PIP system is fair—and legal …

You can fire high performers just because of poor attitude

04/01/2008
We’ve all encountered the type: employees who are smart—and know it. They work hard and produce results. But they are so arrogant, so abrasive and so insistent that their way is the right way that they kill morale. You don’t have to keep them on just because they meet or even exceed business goals …