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Employment Law

Liability for the negligence of others: a new standard?

01/01/2008

Employers often ask: “Will I be liable if one of my independent contractors injures someone?” The short answer is, “It depends.” A recent case from the North Carolina Court of Appeals adds new considerations to the long answer …

Must we allow employee smoking breaks?

01/01/2008

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? …

Can disclaimers keep handbooks from becoming employment contracts?

01/01/2008

Q. Are disclaimers in employee handbooks valid in North Carolina? …

FMLA leave for small employers

01/01/2008

Q. If an employer is not covered by the FMLA, is the employee entitled to leave time for the birth of a child, the employee’s serious medical condition or the serious medical condition of a family member? …

Employee saying he ‘May’ have medical problem triggers FMLA

01/01/2008

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit …

Mere accommodation request may support retaliation claim

01/01/2008

Both the ADA and the New Jersey Law Against Discrimination make it illegal to retaliate against disabled employees who engage in what the law calls “protected activity.” Filing an EEOC complaint, testifying against an employer or cooperating in a government investigation are protected activities. So are more informal activities, such as discussing accommodations with a supervisor or HR …

Justified firing doesn’t mean employee can’t show harassment

01/01/2008

Sometimes, a problem employee claims harassment as a way to protect herself from legitimate discipline. When that happens, it may be tempting to ignore such claims on the presumption they are bogus. It may be tempting to dismiss her complaints as much ado about nothing. But you’ll ignore her at your own peril …

Second chance for problem employee? Monitor closely

01/01/2008

Sometimes, workplace rules conspire to give a second chance to a problem employee with a history of harassment or intimidation. If you don’t carefully monitor the second-chance worker’s behavior, chances are the inappropriate conduct will rear its ugly head again. Then, in addition to harassment and discrimination liabilities, you may be on the hook for negligent supervision, too …

Whistle-Blowers protected if they reasonably believe violation occurred

01/01/2008

New Jersey’s Conscientious Employee Protection Act (CEPA) is widely regarded as one of the most far-reaching whistle-blower laws in the country. It protects employees against retaliation if they bring attention to possible illegal activities. If an employee comes forward with a report of suspected wrongdoing, even if you believe he is incorrect, be very cautious about disciplining the employee …

Arbitration agreements must be specific and conspicuous

01/01/2008

If, like many employers, you want to avoid the risk of a jury trial or a judge’s unpredictable decision, you may have considered requiring employees to agree to use arbitration to settle workplace disputes. But if the agreement doesn’t conform to New Jersey’s contract laws, you may end up spending time and money defending the agreement instead of arbitrating disputes …