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Employment Law

Don’t oversell job openings; you’ll risk a fraud lawsuit

02/01/2004
Issue: Misrepresenting a job offer by failing to disclose key facts or overselling the position.
Risk: Hiring managers who don’t tell the full story about a job could expose the …

When deciding layoffs, rely on several objective factors

02/01/2004
When making the tough call about who receives a layoff notice (and defending that decision in court), rely on more than one evaluation tool.
Why? Overly rosy performance evaluations are …

Age difference of six years or less destroys employee’s age-bias claim.

02/01/2004
A 54-year-old supervisor’s management duties were handed to a 48-year-old employee. The supervisor sued under the Age Discrimination in Employment Act. A federal appeals court tossed out the case. Court’s reason: …

Protect employee/witnesses from retaliation

02/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. While it’s illegal to retaliate against employees for filing a lawsuit, you …

You can require tests to determine ADA accommodations

02/01/2004
Issue: How to meet your “interactive process” requirement with disabled employees to create accommodations.
Benefit: You can reject an employee’s accommodation request if the worker doesn’t cooperate in the interactive …

Stop ‘cybersquatters’ who try to hijack your Web address

02/01/2004
Issue: How to secure the rights to Internet domain names that are related to your organization and its products.
Benefit: You have the legal right to prevent cybersquatters from usurping …

Beware bias against men who take FMLA leave

02/01/2004
Would you think less highly of male applicants because they took leave under the Family and Medical Leave Act (FMLA)? Your first answer may be “No,” but a new study suggests …

Beware labor’s pitch to create union sympathizers

02/01/2004
As AFL-CIO union membership continues to decline, it’s trying another tack: creating an army of nonunionized workers to rally support for its causes. Rather than organizing individual workplaces, this program, dubbed …

Employment contracts: Can your workers claim an ‘implied’ contract?

02/01/2004
Issue: Drafting a legally sound employment contract and avoiding “implied contract” claims.
Benefit/risk: While employment contracts can offer your organization additional legal rights, they also expose you to new legal …

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania