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New York

Handle application liars consistently: Reject all or none

12/01/2006

As an employer, you can’t always wait on a background check before offering a job, so you have to rely on applicants’ oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty …

New incentive to speed up workers’ comp cases

12/01/2006

New York employers now have more incentive to move workers’ compensation cases along quicker if the case includes accusations that the employer retaliated against employees who filed a work-related injury claim …

Contract will still stick, even if employee fails to read it

12/01/2006

When faced with a multipage employment contract, some job candidates and employees may be tempted to skip a careful reading before they sign on the dotted line. But state courts won’t excuse employees who claim that they didn’t understand the employment terms because they never read them …

Even Lateral Transfer Can Be Declared ‘Illegal Retaliation’

12/01/2006

Whenever one of your employees files a discrimination claim, you now need to be ultracautious about making any changes to that employee’s job. That’s because almost any change—including lateral transfers with the same pay and title—can now be deemed an illegal "adverse employment action" by the court …

Disability harassment costs Wall Street firm half million

12/01/2006

Wall Street securities firm LaBranche & Co. agreed to pay former trading assistant Peter Servidio $500,000 to settle his disability harassment lawsuit …

During lawsuit, don’t inquire about worker’s immigration status

12/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance …

How to respond to predicted labor shortage in New York

12/01/2006

The state’s economy keeps humming along. Private-company payrolls increased 1.1 percent statewide in the past year, while New York City payrolls jumped 2.0 percent during the same period …

Brokerage house overtime case serves as cautionary tale

12/01/2006

One disgruntled worker’s lawsuit has turned into a class-action headache for brokerage firm Barclay’s Capital …

Pataki leaves his stamp on state employment law

12/01/2006

Lame duck Gov. George Pataki intends to influence state government long after his term expires on Dec. 31. Since Jan. 1 of this year, he has appointed more than 300 people to positions on various state boards, commissions and authorities …

Workers’ Comp Reform? It’s ‘Wait Till Next Year’ Again

12/01/2006

HR professionals in New York have worked hard in recent years to try to improve the state’s expensive workers’ compensation system. But you’ll have to wait at least another year for reform …