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Terminations

NJLAD gives employees two years from discharge to sue for discrimination

10/01/2007

New Jersey law provides more time than federal law for employees to sue their employers for discrimination. The New Jersey Law Against Discrimination (NJLAD) allows employees to make discrimination claims up to two years following termination, longer than under the federal Title VII of the Civil Rights Act. That means employees who miss their EEOC filing deadline for federal claims still can sue under state law …

In New Jersey, even employee’s spouse can bring lawsuit—For indirect damages

10/01/2007

Need another reason to train supervisors and managers not to discriminate? Here’s one: In New Jersey, an employee’s spouse can join in a lawsuit alleging intentional infliction of emotional distress caused by an employer …

‘Association’ with disabled no automatic assurance of leave

10/01/2007

The ADA makes it illegal to discriminate against employees because of their “association” with disabled people. But what about disciplining an employee for taking time off to care for the disabled person? According to a recent Pennsylvania case, that’s perfectly OK—as long as FMLA leave is not involved …

It’s OK to Force Admin Leave Pending Fact-Finding

10/01/2007

Sometimes, serious allegations—possible theft, sexual or racial harassment or violence—surface against employees. How you respond can be crucial to limiting your organization’s liability. The best response may be calling a timeout in the form of administrative leave pending an investigation. You can safely do so without fear that the move will generate even more litigation from a suspected wrongdoer …

Read EEOC and PHRC complaints carefully to avoid surprise lawsuits later

10/01/2007

Employees are supposed to file EEOC and Pennsylvania Human Relations Commission (PHRC) complaints that fully explain the discrimination claims they’re making. The idea is to let employers know early on what the complaint is all about so that the case can be settled or sent on to court. But courts are lenient, sometimes bending over backward to allow a late claim based on general language in the EEOC or PHRC complaint …

PA Whistleblower Law imposes high standard for complaints

10/01/2007

A director of nursing for the John J. Kane Regional Center, an Allegheny County long-term care facility in Glen Hazel, sued the county, alleging she was fired for reporting unsafe conditions to authorities after a resident drowned in a bathtub in June 2005 …

How can employers get waivers of claims from terminated employees?

10/01/2007

Q. May an employer fire an employee and then ask the employee to sign a waiver of claims or severance agreement? …

Under what circumstances can an employee challenge a termination?

10/01/2007

Q. If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination? …

Don’t rely on broad diagnosis: Assess disability individually

10/01/2007

Millions of Americans have diabetes, and millions more have it but don’t know it. But with new medications and careful diet, most diabetics can control their condition and lead largely normal lives. That has implications for how employers handle their ADA obligations …

Have zero tolerance for offensive national-Origin comments

10/01/2007

A nation embroiled in war tends to be jittery and tempers run high. When anger and emotion seep into the workplace, things can get ugly. That’s why it’s important to remind everyone that you won’t tolerate comments, gags or jokes aimed at employees who may share ethnicity, religion or national origins with the “enemy” …