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Terminations

Heads up: Workers can sue over ‘potty parity.’

02/01/2003
A manufacturing firm’s new plant had only one restroom, which was designed for men. Female workers were told they had to use that restroom during work hours, …

Undocumented workers can sue for retaliation under FLSA

02/01/2003
Macan Singh was recruited to work in the United States with a promise of a place to live, free tuition and eventual partnership in a business. When none of this materialized …

Shutdown caused by sudden loss of business won’t trigger WARN Act

02/01/2003
An automobile-parts manufacturer got a jolt when a major customer refused to pay for a shipment and ceased all future orders without warning. That forced the manufacturer …

ADEA: Prevent fastest growing, most expensive type of bias

01/01/2003
Expensive mistake Median award by type of bias: ’94-’00 cases Age $268,926, Disability 175,001, Race 120,951, Sex 100,000. Source: Jury Verdict Research …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003
If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Don’t stray from layoff procedures

01/01/2003
A 65-year-old employee was laid off as part of a reduction in force. She claimed her supervisor had made age-related comments, and the company failed to follow its published RIF criteria …

Expect more ethical, financial scrutiny from job candidates

01/01/2003
Expect to open your books and answer more questions about your financial practices. Reason: Sixty-nine percent of executive recruits say they’ll look more closely at the financial statements of potential employers, …

Your benefits liability may not end with company sale

12/01/2002
While Denise Lessard was on disability leave, the company she worked for was sold. All employees were automatically employed by the acquiring firm as long as they were “actively employed” on …

Firing employees on FMLA leave: Occasionally legal, usually unwise

12/01/2002
While he was taking leave for depression under the Family and Medical Leave Act (FMLA), Jerry Ogborn got the ax. Reason: During the absence, his employer discovered that Ogborn, a union …