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Employment Law

Union claims Big Sky broke contract when it flew the coop

07/08/2008
A group of former employees has filed suit against Big Sky Airlines and its parent company, Minneapolis-based MAIR Holdings, alleging wrongful termination and breach of contract …

Employee should have given firm a chance to stop harassment

07/08/2008
Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …

Employees don’t get to set work standards—You do!

07/07/2008
It’s far too easy to lose control over your workforce. All you have to do is let employees dictate how supervisors measure their performance. Don’t let it happen to your organization. Instead, let employees know how you will judge how well they’re performing and then stick with those measures …

Feel free to set punishment that fits the crime

07/07/2008
Employers can and should decide each employee discipline case on its own merits. Just make sure someone in HR or a supervisor keeps close tabs on all discipline and documents the decision. Notes should include specifics: the rule broken, its effect and its relative seriousness …

During union drive, don’t unfairly target pro-Union employees

07/07/2008
Nothing will escalate an already tense workplace during a union-organizing drive and subsequent election than punishing pro-union employees. While you can certainly continue with any evaluations or disciplinary actions that are warranted, beware of targeting anyone involved in the union push …

Legal clock starts when you tell worker she’s losing job

07/07/2008
If you plan to terminate employees who work for you under contract, plan to document exactly when you tell them their contracts won’t be renewed. Here’s why: Employees have only a short time to file discrimination claims. If they miss the deadline, they lose the right to sue …

Be careful with doctor certifications: Union contract may trump FMLA rules

07/07/2008
Employers can insist that employees submit medical certification of their need for FMLA leave within 15 days. But what happens if a union member is denied FMLA leave because the employer didn’t get the certification within the 15-day limit? …

Tell supervisors: No retaliation against employees who settled discrimination claims

07/07/2008
Have you recently settled a discrimination case? If the settlement included the employee keeping his or her job, remind all supervisors that they cannot retaliate in any way—or allow co-workers to get back at the employee …

State official: Don’t fall for corporate services scam

07/07/2008
Texas Secretary of State Phil Wilson has warned businesses statewide about a company’s solicitation to complete corporate meeting minutes for a fee. The company, which calls itself State Corporate Compliance, has a sales pitch that implies Texas corporations must regularly file corporate minutes with the secretary of state …

Supreme Court allows retaliation suits under Civil War-Era law

07/07/2008

On May 27, 2008, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation—an area of employment law that has exploded in recent years. Specifically, the court held that a federal statute enacted shortly after the Civil War, granting all citizens the right to enter into and enforce contracts (commonly referred to as Section 1981), can be used to bring a claim of employment-related retaliation …