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New York

Construction firms not responsible for guard’s asphyxiation death

07/01/2007

A federal district court has ruled that Tom Allen Construction Company and general contractor Mears Group are not responsible for the death of a security guard at a Hunts Point construction site …

The shock jock heard ‘Round the world—And in NYPD, too

07/01/2007

It’s been called the “Imus virus”—people across the country repeating the infamous last words of radio shock jock Don Imus, always with equally dismal results. In Brooklyn, three female police officers filed a federal lawsuit against the New York City Police Department after a sergeant rallied them during roll call with “Stand up, hos.” …

Echoes of Virginia Tech

07/01/2007

In a disturbing case of copycat thinking, a Suffolk County Community College employee told his supervisor during an argument, “If I get one more write-up, if you think they had a problem in Virginia, it’ll be worse here.” …

Dodging payroll tax a felony

07/01/2007

Under New York’s new Workers’ Compensation Reform law, employers who underreport payroll or misclassify employees by downplaying their duties face the same fines as companies with no workers’ comp coverage …

Pioneering female firefighter loses discrimination suit

07/01/2007

One of the 11 female firefighters who broke the Fire Department of New York’s gender barrier in 1982 lost a $10 million discrimination suit against the department …

Protecting employment tests from legal challenges

07/01/2007

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Attorney’s letter? Proceed with plans, but back up decision

06/01/2007

Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action …

Train managers to adopt poker face when facing complaint

06/01/2007

To avoid triggering retaliation lawsuits, train managers and supervisors on how to react to a complaint. First and foremost, explain that all complaints should be received professionally and without any apparent display of disappointment or emotion. Remind them: No comment allowed …

Employer statements to NASD can’t be the basis for defamation lawsuits

06/01/2007

Attention: HR pros in financial services firms: If you’ve worried that reporting a terminated employee’s alleged wrongdoing to the National Association of Securities Dealers might leave you open to a defamation lawsuit, relax.  The Court of Appeals of New York has ruled such statements are absolutely privileged …

Resigning for newfound faith doesn’t justify unemployment compensation

06/01/2007

New York employees who quit their jobs for good cause are generally eligible for unemployment compensation payments. But does a newfound faith requiring no Sunday work justify quitting? …