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Employment Law

Another Manhattan chef stirs up a discrimination suit

04/01/2007

A former waiter at restaurant Jean Georges, located in the Trump Towers, has filed a federal lawsuit claiming the chef de cuisine and other employees harassed him after learning he was gay …

Hospital didn’t discriminate during downsizing, court rules

04/01/2007

In reversing a lower court’s decision, the New York Supreme Court recently agreed to dismiss a race- and age-discrimination lawsuit filed against New York Westchester Square Medical Center (NYWSMC) …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

RIF after FMLA leave? Possible, but proceed with caution

04/01/2007

If you terminate an employee soon after he or she has returned from FMLA leave, you open yourself to charges of retaliation …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

If you handle insurance enrollment, be alert to liability for lost, late paperwork

04/01/2007

When employers assume substantial benefit-administration duties, they may be liable when the proper paperwork doesn’t get to where it should. Because federal law imposes a fiduciary obligation on benefit administrators, employers may be sued when they assume the administrator’s role …

Ignoring Harassment Policy Can Lead to Double-Trouble

04/01/2007

Texas employees and their attorneys have found a way around the federal caps on damages in sexual-harassment cases. Instead of going to federal court, plaintiffs sue in Texas state courts under the Texas Labor Code and add claims of negligent hiring, retention and supervision …

Include disclaimer in incentive plans that clarifies when no contract exists

04/01/2007

Incentive plans are wonderful motivational tools, but make sure yours doesn’t create an enforceable contract. That mistake may force you to pay bonuses to employees who’ve left or cause lawsuits over the payment amount …