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Terminations

Stop client poaching with restrictive covenant

12/05/2008

If your business depends on solid client relationships, now is the time to safeguard those relationships with a restrictive covenant that prevents employees from jumping ship and taking customers with them.

Lawsuit: Lehman bankruptcy stiffed riffed NYC workers

12/05/2008

Miron Berenshteyn, a former computer programmer for Lehman Brothers in Jersey City, has filed a $5 million lawsuit alleging the company violated the federal and New Jersey WARN acts when it laid off more than 100 workers in September.

Union members who lose seniority must sue fast

12/05/2008

Employees who work in a union setting often cannot take temporary assignments into management without losing the benefits of their union membership. One such benefit is often seniority. Employees must sue right away if they lose seniority.

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

Bank of America wields ‘big, fat stick,’ Merrill brokers say

12/04/2008

No sooner had Charlotte-based Bank of America acquired Merrill Lynch, it issued a revised broker-retention plan that some called downright scary.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Choose your words carefully to avoid ‘accidental contracts’

12/04/2008

Most employment contracts are written documents prepared with the assistance of an attorney. However, an employment contract can be oral, written, or partially oral and partially written. If an employer isn’t careful, it’s easy to unknowingly enter into an employment contract with an employee.

What is ‘blacklisting’?

12/04/2008

Q. What can or can’t we say about a lousy former employee?

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.