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Employment Law

Lessons from the court: job evaluations, break-time pay

05/01/2004
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Don’t ‘retire’ someone before he’s ready

04/01/2004
Just because an older employee is preparing to retire, it doesn’t give your organization the right to push him out the door.
The federal Age Discrimination in Employment Act (ADEA), …

Don’t bend truth in exchange for lawsuit waiver

04/01/2004
Former employees may ask you to put the best face, and possibly an unrealistic face, on their employment record, in exchange for releasing any lawsuit claims against you. But don’t enter …

Oral promise of long-term job will trump written at-will agreement

04/01/2004
Caution your hiring managers to avoid making, or even hinting at, guarantees to prospective employees about long-term job commitments. “Talking up” permanence to lure applicants could crush your ability to fire …

Workers can file EEOC claims, even if covered by arbitration pact

04/01/2004
Don’t ask employees to sign away their rights, as part of a settlement agreement or lawsuit waiver, to file a discrimination claim with the U.S. Equal Employment Opportunity Commis-sion (EEOC) or …

You can offer better benefits to older workers, Supreme Court rules

04/01/2004
If your organization wants to cut employee benefit costs, the U.S. Supreme Court just flashed the green light on one tactic: You can offer more generous benefits to older employees than …

Alcoholics may be protected by ADA, but don’t tolerate at-work drinking

04/01/2004
You may be surprised to discover that the Americans with Disabilities Act (ADA) may protect workers who are alcoholics, even if they currently drink. To earn ADA protection, an alcoholic’s addiction …

Include fair geographical and time limits in noncompete pacts

04/01/2004
Noncompete agreements are easier signed than enforced. So your noncompete restrictions must give the person a “reasonable opportunity” to pursue a livelihood in his or her chosen field.
What’s considered …

Can you land in trouble for trying to stop harassment? Yes

04/01/2004
You know what they say about good intentions. As the following case shows, if your anti-harassment efforts are seen as an attempt to squash a union-organizing bid, you could be slapped …

Attendance policy: Control absenteeism without breaking the law

04/01/2004
THE LAW. Regular attendance is obviously a key job function for most of your employees. But despite your freedom to set and enforce attendance rules, you also face key legal …