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Employment Law

Crack down on association discrimination—especially if there are threats of violence

03/18/2009

Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.

Memo to managers: There’s no reason to discuss why employee was terminated

03/18/2009

When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Track when you told worker she was being fired

03/18/2009

Because employees have to meet tight deadlines for most employment discrimination claims, employers should be ready to prove exactly when they notified employees about a pending termination. With an exact date at your fingertips, you can easily get a case dismissed …

IRS challenging med student classification in court

03/18/2009

If you work for an educational institution whose students provide services while learning, prepare to change your payroll systems. Depending how a court rules, you may have to end the practice of paying student stipends as a way of avoiding collection and payment of Social Security and other payroll taxes.

When employees leave, so does company data

03/18/2009

More than half of employees who lost or left their jobs in 2008 took company data with them, according to a study conducted by Ponemon Institute and cyber-security software maker Symantec. A shocking 59% of respondents claimed they had copied or e-mailed company data.

Prepare for Michigan’s new workplace ergonomic standards

03/18/2009

The Michigan Department of Energy, Labor and Economic Growth is one step closer to implementing workplace ergonomic standards that will apply to most businesses in the state. Most Michigan employers should plan now to comply. Only agriculture, construction, mining and domestic workers would be exempt from the new rules.

Employer can check employee cell phone records

03/18/2009

Patrick Morrissey worked for Steelcase Inc., which provided him with two cell phones, one for business and another for personal use. Both billing statements were sent to his boss, Brent Golembieski, because Steelcase paid both bills …

Long-time Caterpillar workers lose retiree medical benefits

03/18/2009

In its 1998 collective-bargaining agreement, Caterpillar promised to provide retiree health benefits to its workers at no cost to them. By 2005, Caterpillar recognized it could no longer provide the health benefits without the retirees chipping in. When labor and management sat down at the table to hammer out a new agreement, retiree health costs was one of the sticking points …

Can I demand reimbursement of training costs?

03/18/2009

Q. I am a small employer. I invested a lot of money and time training a certain employee who just quit less than a year after I hired him. In the future, I would like to have all my employees sign an agreement stating that if they quit within a year, they will repay me at a rate of, say, $200 a month for the money I spent training them. Would this be OK?