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Employment Law

Loved, lost: Crafting effective workplace dating policies

07/01/2008
Many companies that otherwise permit co-workers to date draw a bright line that prohibits managers from being romantically involved with those who report to them, either directly or indirectly. There are many good reasons for such a prohibition … Consequently, many companies maintain strict nonfraternization policies between supervisors and subordinates.

Paying for noncompete agreement?

07/01/2008
Q. We are a small company that has to aggressively market ourselves to our customers in order to compete with larger suppliers. To protect our client base, our COO wants to require our sales force to sign a noncompete/
nonsolicitation agreement. If we want our salespeople to sign off on a noncompete agreement, do we have to give them anything in exchange, like a bonus? …

Repeating sexual harassment training

07/01/2008
Q. How often should a company conduct sexual harassment training for its supervisors? …

Unmarried co-Workers, childbirth and FMLA leave

07/01/2008
Q. Two of our employees (they aren’t married) are having a child together. I know that spouses who are employed by the same company have to share the 12 weeks of FMLA leave following the birth of a child. How does it work for unmarried parents in a workplace? …

List all recent problems when citing reasons for firing

07/01/2008
Even when an employee has been performing poorly for some time, it’s tempting to cite just the latest problem as the reason for termination. But if you list just one firing offense, you run the risk that the employee might prove the discharge reason you used is false. That could give her a chance to take her case to a jury …

Some Sundays off doesn’t require giving every Sunday off

07/01/2008
No doubt you know that you have to make reasonable accommodations for employees’ religious practices. But how much accommodation must you offer, and must you apply it all the time across the board? If someone says they must attend religious services every Sunday, can you discourage him from taking a job because you can’t guarantee he’ll be off every week? …

Be prepared to justify bonuses based on work performance

07/01/2008
It seems inevitable. Anytime you award variable bonuses to some employees, there’s apt to be some grumbling from those who got less or nothing at all. But if you make sure to base bonus calculations on reasonable and legitimate business reasons, that grumbling won’t turn into a lawsuit you lose …

You aren’t required to launch a perfect investigation

07/01/2008
Employers know they have to investigate sexual harassment complaints. It’s the only way to avoid liability in some sexual harassment cases. But your investigation doesn’t have to be perfect—just prompt and reasonable …

Beware! Courts giving more leeway to employees who act as their own attorneys

07/01/2008
The employment law cases hardest to handle are often those in which an applicant or employee doesn’t have an attorney. Those employees often file complaints and lawsuits containing what seem like out-of-the-blue allegations. Now federal judges seem to be exacerbating the problem by giving unrepresented litigants every benefit of the doubt …

Former official sues NASCAR for $225 million

07/01/2008
Mauricia Grant, a former NASCAR technical inspector, has filed a $225 million lawsuit against the stock car racing sanctioning body for racial and sexual discrimination, sexual harassment and wrongful termination, saying “life in the garage” was appalling …