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Employment Law

Did everything employee asked and still got sued? You may get attorneys’ fees

02/01/2008

If an employee sues you for discrimination despite your successful efforts to resolve her complaint, you may be able to recover your attorneys’ fees from the plaintiff. The reason: That’s a frivolous lawsuit …

Make sure written employment contracts exclude oral promises

02/01/2008

It’s tempting for hiring managers to oversell positions they desperately want to fill. Although HR should warn them not to make promises the organization can’t keep, it happens. That’s why every written employment agreement and offer letter should contain explicit language limiting the terms to what actually appears in writing …

New Jersey partners with IRS on employment tax enforcement

02/01/2008

New Jersey 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 (QETP) initiative …

Independent contractors may charge harassment under NJLAD

02/01/2008

A worker walks into your HR office and makes allegations of harassment and a hostile work environment under the New Jersey Law Against Discrimination. You check the personnel file and realize that she actually is an independent contractor who provides services to your company. You’re off the hook, right? Not necessarily, according to the New Jersey Appellate Division …

Despite lawsuit fears, should we provide anti-Harassment training?

02/01/2008

Q. Our company is considering providing anti-harassment training to all employees. Some executives are concerned that the training might actually stir up lawsuits. Do you recommend such training? …

Are we required to explain why we discharged an employee?

02/01/2008

Q. My company recently terminated an employee. The employee claims that she is entitled to a letter outlining the reasons for her discharge. Is she correct? If so, how much information must we provide the discharged employee? …

Consider burden on others when accommodating disabilities

02/01/2008

It’s tough balancing the rights of disabled employees and the rest of your staff. It’s great to be able to offer accommodations that allow a disabled worker to stay in the labor force. But you don’t have to go to such extremes that your other employees have to pick up considerable slack left by the accommodation …

Harassment policy should have several ways to complain

02/01/2008

Your organization probably has a sexual harassment policy and provides training on how it works. But does your policy give employees more than one way to lodge a complaint? It should. Here’s why …

Investigation notes, report may prove valuable in court

02/01/2008

How do you handle internal discrimination complaints? If you use an ad hoc process, sometimes taking notes or preparing a report, you may be missing out on an important litigation advantage later. Develop a routine investigation process …

Even employees who suffer no harm can collect top dollar

02/01/2008

Here’s yet another reason to clean up the workplace and make certain it’s free of harassment, graffiti and other evidence of a hostile work environment: Employees can collect hundreds of thousands of dollars in punitive damages even if they weren’t physically or financially harmed by the hostile workplace …