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New York

We don’t want to fire, can we require retirement?

11/15/2017

Q. An older employee has been having significant performance issues during the performance cycle. She is eligible for retirement, but does not want to retire. Can we require her to retire in lieu of termination?

Supreme Court 2017–18: Employment law cases on the docket

11/15/2017

This year’s Supreme Court docket covers several timely employment law issues. As the last word on important legal issues, Supreme Court decisions usually offer important compliance lessons.

Update: President’s travel ban, helping employees in need

11/15/2017

An update on the Trump administration’s travel ban as well as information on how employers can help employees experiencing financial crises.

Syracuse firm agrees to OSHA hazardous waste settlement

11/15/2017

OSHA inspectors were called in when employees at TOMRA NY Recycling in Syracuse reported being exposed to blood and other infectious materials as they sorted bottles and cans.

FMLA mistakes aren’t necessarily ‘willful’

11/15/2017

Under the FMLA, employees have two years to sue for alleged violations—extended to three years if the violation is “willful.” But not every FMLA mistake is a willful violation.

Details matter when documenting promotions

11/15/2017

To counter discrimination in promotion claims, be sure you can show that the selected employee was a better candidate in as many ways as possible. That makes it much harder for a disappointed candidate to prove he was clearly better qualified.

Racism not necessarily employer’s fault even if incident occurs on its premises

11/15/2017

It’s indisputable that some members of racial, ethnic or other minorities experience discrimination from time to time—and of course, that can affect them at work. However, not every discriminatory act that involves work can be blamed on an employer.

Locked out of the office: Is that retaliation—or should she have knocked on the door?

11/15/2017

An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Document business reasons for staffing moves

11/15/2017

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.