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Terminations

Independent Contractor or Employee? How to Make The Call

09/18/2007
White Paper published by The HR Specialist ______________________ For years, the IRS has relied on a 20-factor test to determine whether a worker is considered an “employee” or an “independent contractor.” Conferring contractor status on a worker often benefits the employer, who is then not obligated to withhold income tax or to pay Social Security […]

Judge slams brakes on new ‘No-Match’ enforcement rules

09/04/2007

A U.S. District Court judge has issued a temporary restraining order that stops the Department of Homeland Security from enforcing new rules on how employers must respond to no-match letters. A groups of civil liberties and labor organizations filed a lawsuit charging that the agency doesn’t have the authority to use Social Security records to crack down on illegal immigration.

Are Waivers a Cure-All for Employee Lawsuits?

09/01/2007

Q. Is obtaining a legal release from an employee in exchange for severance pay guaranteed to prevent any legal action by that person? —J.S. …

LAD: ‘Reasonable’ accommodation does not mean ‘Permanent’

09/01/2007

Many employees have some type of medical condition or disability that affects their ability to perform their jobs. Employers need to understand their obligations to disabled employees and the rights granted to disabled employees under New Jersey law. A decision recently handed down by the New Jersey Supreme Court clarifies exactly what obligation employers have to accommodate disabled employees under the New Jersey Law Against Discrimination …

Must we deliver final paychecks at termination?

09/01/2007

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. …

Best bet: Always investigate hostile environment claims

09/01/2007

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? …

Personality clash? Don’t automatically transfer complainer

09/01/2007

Employees who complain of harassment may actually be experiencing a personality conflict. Circumstances that lead someone to see harassment based on race, disability or gender may be nothing more than the result of difficulty getting along with others. If your internal investigation reveals no real discrimination, you may be tempted to move the feuding parties as far away from each other as possible. But that may backfire, especially if the person you transfer is the one who complained of discrimination in the first place …

Outside complaint can be misconduct, meaning no unemployment

09/01/2007

Employees who break company rules can be fired for misconduct and aren’t eligible for unemployment compensation. But what if the “misconduct” involves taking a complaint outside the company? If your policy clearly states that complaints should be raised internally first, then you probably won’t have to pay unemployment for employees who are fired because they ignored your rule …

Morgan Stanley gains yet more bad publicity over sexual harassment

09/01/2007

A lawsuit filed in Manhattan Supreme Court in July describes a lurid and hostile scene at Morgan Stanley. A former client-services associate in the Melville, Long Island, office alleges her boss, a broker, stuck his hand up her skirt, stole underwear from her gym bag, sent her offensive notes and suggested they have sex. The lawsuit is the latest in a string of sex-bias suits that have already cost the firm $100 million …

Queens business owner must testify about religious beliefs

09/01/2007

Ted Doudak, president of Riva Jewelry Manufacturing in Long Island, was forced to testify in court whether he believes homosexuality is a sin against God, and gays and lesbians are doomed to eternal damnation. The former employee who brought the lawsuit claims he was fired a day after telling Doudak that the employee’s daughter is a lesbian and the employee is gay …