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Employment Law

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …

Carefully craft an escape clause in all job contracts

11/01/2006

If you use employment contracts for independent contractors or senior-level managers, make sure those contracts contain enough "wiggle room" to terminate for cause based on your subjective performance assessment …

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

EEOC pursues full day of rest as a religious accommodation

11/01/2006

The EEOC filed a religious discrimination lawsuit last month against the Aldi supermarket chain after the two parties failed to reach a settlement …

PNC’s policies for mothers earn a mix of praise and scorn

11/01/2006

Pittsburgh-based PNC Financial Services Group was cited twice last month: First by Working Mother magazine as one of the top 100 places for women to work, and then by the EEOC as a place where pregnancy discrimination is rife …

Requiring work during breaks: a $78 million mistake

11/01/2006

A Pennsylvania jury last month awarded a group of present and former Wal-Mart employees $78 million in damages because the mega-retailer forced the employees to work without pay …

N.J. supervisors can be held personally liable for job bias

11/01/2006

Want to scare your organization’s supervisors into complying with your employment policies? Point out that, under New Jersey law, they can be sued personally for their discriminatory actions. That means one on-the-job misstep can cost managers their homes, savings accounts and other personal assets to satisfy a court judgment …

Review policy wording to ensure no e-Mail privacy rights

11/01/2006

New Jersey employers have every right to monitor their employees’ e-mail messages and computer usage so long as they have a strong electronic communications policy. That’s true even if the content might otherwise fall under attorney-client privilege …

Contracts should agree to litigate disputes in N.J.

11/01/2006

If you use independent contractors or have your employees sign any type of employment contract, make sure those agreements state that both parties agree to litigate any disputes in New Jersey. If the contract is silent on the issue—or, worse, says the lawsuit forum must be California or another inconvenient place—you may end up spending thousands of dollars on travel and lost time …

If state orders back pay, worker can’t file a second suit

11/01/2006

Good news for New Jersey employers: When the New Jersey Department of Labor reviews an employee’s unpaid-overtime claim and orders back pay, the employee can’t file a separate lawsuit in federal court asking for more money and attorneys’ fees to boot. Labor’s decision is final; case closed …