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Employment Law

Do employees have the right to access their personnel files?

03/01/2008

Q. One of our employees is having disagreements with his supervisor over performance issues. The employee has asked to see his personnel file. Does he have a legal right to see his file? …

What goes into a personnel file?

03/01/2008

Q. What kinds of information and documents should we keep in our personnel files? …

CVS fined for child labor, overtime and timecard violations

03/01/2008

CVS Caremark Corp. was fined $226,000 by the U.S. Labor Department for changing employee timecards and violating child labor laws. The department found 43 violations at stores in New York and six other states …

New York partners with IRS on employment tax enforcement

03/01/2008

New York is one of 29 states that have signed memoranda of understanding with the IRS to share enforcement information on employment tax collection matters. The move is part of the IRS’ Questionable Employment Tax Practices initiative …

If possible, manager who hired should be the same one who fires

03/01/2008

It stands to reason that a manager who thinks enough of an applicant to hire her won’t turn around and fire her a few months later in a fit of discrimination, especially if the applicant belonged to a protected class. That’s why it makes sense to have the same people who made the hiring decision be part of the termination process if the need should arise …

Check bankruptcy filings—You just might dodge a suit

03/01/2008

In Michigan’s current tough economy, many laid off or fired workers are filing for bankruptcy. But that doesn’t mean former employees have given up on filing employment-related lawsuits. But these tight times have given employers an additional tool for finding out what they’re up against if they are sued …

Temporary condition might be disability if severe enough

03/01/2008

The ADA makes it illegal to discriminate against applicants or employees with disabilities. Typically, only permanent conditions count. But not always. Some temporary medical conditions also can constitute disabilities if they are severe enough at the time the condition exists …

Avoid discrimination trap: Don’t make promises you can’t keep

03/01/2008

To avoid losing essential and talented employees, some organizations make promises about continued employment that later turn out to be hard to keep. It’s especially common in organizations going through transitions, such as mergers or moves to outsource internal functions. But the tactic can backfire …

Firing reason doesn’t have to be perfect to withstand discrimination claims

03/01/2008

As a conscientious HR pro, you no doubt try to make the best employment decisions you can, based on legitimate reasons and valid evidence. But that doesn’t mean you have to treat the HR office like a court of law, spending weeks conducting investigations and sorting through evidence …

Document all employee record requests

03/01/2008

The Bullard-Plawecki Employee Right to Know Act gives employees the right to review their personnel records. The law requires employees to make written requests to look at the files before they seek legal redress. Keep a clear record of all requests …