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Employment Law

Don’t assume—It’s up to employee to raise disability issues

02/01/2008

Do you suspect an employee may have a mental or psychological disability that may need accommodation—even though he hasn’t mentioned it? Tread carefully. If you assume the employee is disabled and he’s not, he’ll be able to sue you for regarding him as disabled. Here’s the best way to handle the matter …

Warning: Winning in state court doesn’t mean you can’t be sued in federal court

02/01/2008

It may seem terribly unfair, but an angry employee with a discrimination ax to grind may sue your organization in multiple forums for almost exactly the same alleged offense. That’s one good reason to get an attorney involved right away. Your lawyer can push early on to consolidate all the claims into one …

Emotional fallout from harassment may be a separate claim

02/01/2008

As if you didn’t have enough to worry about when it comes to sexual harassment in the workplace. Now a federal court has ruled that Pennsylvania law allows harassed employees to sue their employers for intentional infliction of emotional distress, too …

CVS fined for child labor, overtime and timecard violations

02/01/2008

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 Pennsylvania and six other states …

$17,000 brightens day for Worthington mushroom workers

02/01/2008

A group of fired Thai workers have settled an unpaid-wages lawsuit with Creekside Mushrooms of Worthington. The mushroom grower will pay $17,376 in back wages to four workers …

Demoting workers who belong to a protected class

02/01/2008
Q. When making demotion decisions—especially those involving employees in protected classes—what factors should an employer take into consideration to avoid legal backlash?

Responding to mold allergy illness complaints

02/01/2008
Q. We have an employee who claims she feels sick whenever she is at work. She attributes it to a mold allergy. What should I do?

Family responsibilities discrimination poses complex quandary

02/01/2008

When employers make employment decisions based on sex stereotypes about caregivers or favor employees who don’t have family responsibilities, affected employees can successfully sue for family responsibilities discrimination (FRD) …

Hiring managers must review all applicants’ qualifications

02/01/2008

If someone sues you because she didn’t get hired or promoted, the hiring manager better be able to explain the selection criteria. Many can’t. That’s why it’s crucial for HR to oversee hiring and promotion processes and make absolutely certain you can document how the decision was made …

Pay commission? Make sure contracts are clear about terms

02/01/2008

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance …