• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Interview questions: What not to ask

06/06/2008
Q. Are there specific questions that an employer is prohibited from asking during a job interview? …

I was harassed and I quit! Now can I sue—Or get unemployment?

06/06/2008
Q. I found my working conditions to be intolerable because of the behavior of my male co-workers that I considered to be sexual harassing. I just did not have the energy to complain about the behavior and face the consequences, so I quit without telling my employer about the harassment. I am having trouble finding a new job, and now I am thinking I made a mistake. Will I be able to sue my employer for sexual harassment? Can I obtain unemployment insurance?

Same manager who hired should do the firing

06/04/2008
Discrimination cases are all about motives. That’s especially true when an employee loses his job and alleges that the real reason for his discharge was racism or some other form of bias. One simple way to deflect discrimination charges is to make sure that the same person who made the termination decision also had a direct hand in either the original hiring decision or subsequent promotions …

Just asking for help doesn’t trigger accommodation process

06/04/2008
If employees’ disabilities aren’t obvious, the ADA doesn’t protect them if they don’t make it clear they have a disability. Only after an employee reveals he has a disability are you obligated to pursue reasonable accommodations. Vague requests such as asking for “more help” aren’t enough to trigger the ADA …

Make sure handbook spells out maternity leave terms

06/04/2008

Is your employee handbook clear on exactly what constitutes maternity leave and how long it lasts? If you plan to permit just the 12 weeks allowed for pregnancy and childbirth under the FMLA, spell that out. Don’t refer to maternity leave separately and then provide a different week or month count …

Personnel records a mess? Clean them up now

06/04/2008
How carefully do you maintain your company’s personnel files? If they are a mess and don’t include relevant information such as applications, set aside time now to straighten them out! Courts are increasingly ordering employers being sued for discrimination to turn over any arguably related files …

Want to guarantee a lawsuit? Just fail to investigate

06/04/2008
It is pure foolishness to ignore an employee complaint. Employers are almost always better off investigating the claim—even if the matter seems frivolous—than letting the perceived problem fester. Ignoring the request may be all it takes to spur a lawsuit …

Good-Faith Process—But Not Absolutely Correct Conclusion—Is Enough to Fire Harasser

06/04/2008
When it comes to sexual harassment complaints, you won’t land in legal hot water if you conduct a thorough and fair investigation—even if you reach the wrong conclusion. What matters is that you take the charge seriously, investigate and come to a reasonable conclusion based on the findings …

Feuding employees leave employer mired in the middle

06/04/2008
Annie Ludwig began working for the Rochester Psychiatric Center (RPC) as a psychiatric nurse in the Adult Services Unit. Within a month, she was counseled to improve her professional knowledge, supervision and attendance. Otherwise, she would be in danger of losing her job …

Switched at birth: DCS women will get almost $1 million

06/04/2008
The New York State Department of Correctional Services (DCS) will pay $972,000 to 23 female DCS employees who were shortchanged by the department’s maternity leave policy when they became pregnant while on workers’ compensation leave …