• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Firing

HR director sues over president’s hiring preferences

07/05/2012
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.

Longview nursing home slapped with retaliation suit

07/03/2012
A Tyler nurse is suing the nursing home where she once worked, claiming she was fired in retaliation for filing an EEOC complaint.

Employee works despite FMLA leave? That’s not your fault–nor FMLA interference

07/03/2012

When employees need intermittent FMLA leave, they are entitled to take time off free from work responsibilities. Of course, that may leave some tasks undone. Some employees, especially those in management positions, may feel obliged to work additional hours, or may sometimes forgo taking leave. As long as there’s no employer pressure to get the work done, that extra work won’t support an FMLA-interference lawsuit.

After firing, counter frivolous lawsuits with solid documentation of poor performance

07/01/2012
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.

Workers’ comp: OK to require immediate accident reports

06/28/2012

Under the state’s workers’ compensation law, Pennsylvania employees have 120 days to report workplace injuries to their employers. But em­­ployers are free to require more immediate reports. Firing the employee for breaking a timely accident reporting rule doesn’t violate the law.

Court: EEOC paperwork foul-up doesn’t cancel right to sue under N.C. law

06/27/2012
It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?

Policy calls for firing after leave is exhausted? Make sure you apply it consistently

06/25/2012
If you automatically discharge everyone who can’t return to work after exhausting all available leave, chances are a court won’t second-guess those terminations.

Safeguard your personal assets from lawsuits: Prepare to show that your actions were unbiased

06/25/2012
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.

Call lawyer ASAP if your last-chance agreements require employees to give up Title VII rights

06/25/2012
The EEOC has just won a significant legal victory without even having to go to trial. It recently alleged that some last-chance agreements automatically violate Title VII if they prevent employees from filing EEOC actions. The agreements in question contained a clause that had em­­ployees promising not to file discrimination charges in exchange for keeping their jobs.

Sound policy beats post-firing lawsuits

06/25/2012
You just terminated an employee for misconduct or poor performance. A few weeks later, you receive an EEOC complaint alleging that the employee suffered years of harassment and discrimination. If you didn’t have clear rules in place for reporting such conduct, you may be facing years of litigation.