Employment Law

Note exact date you informed employees they would be losing their jobs

08/01/2019

Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Older worker must sign severance agreement in order to claim OWBPA violation

08/01/2019

Under the Older Workers Benefit Protection Act, employers are required to follow certain rules before getting employees to promise not to sue in exchange for receiving a severance payment. But merely presenting a severance offer that technically doesn’t meet those standards isn’t a separate legal wrong, as a recent case shows.

Warn supervisors: No inappropriate questions for employees who are expecting

08/01/2019

Employers should be careful about intrusive inquiries about a pregnancy, especially those that come from supervisors.

Firing whistleblower? Be clear about timing

08/01/2019

Employers should make sure to note exactly when they terminate a whistleblower. Then they should challenge any whistleblower retaliation complaints filed more than 30 days after that date.

Texas suit challenges EEOC background check rules

08/01/2019

The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

McDonald’s strict grooming policy riles EEOC

08/01/2019

McDonald’s—the restaurant that pumps out carbon-copy burgers and unfailingly flawless fries—has found the limits of its exacting standards. People, it appears, cannot be packaged nearly so precisely.

How rigid can our dress code be about imposing grooming standards?

07/30/2019

Q. Can we require male employees to keep their hair short? Also, can we require male employees to shave their beards?

Tort claims possible over outrageous conduct

07/30/2019

It’s rarely a good idea for bosses to impose their beliefs on subordinates.

Work with IT to capture agreement to arbitrate

07/30/2019

Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Retaliation claim can live on long after original harassment claim is resolved

07/30/2019

Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.