• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Supreme Court protects age-related benefits

03/01/2004
Issue: A key new ruling says your organization can offer benefit packages designed specifically for older employees. Benefit: More flexibility to set employee perks; eliminates the fear of “reverse” age …

Misconduct is the key to enforcing your ‘no rehire’ policy

03/01/2004
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don’t have to rehire people who are …

Age-bias: Six-years-or-less difference destroys claim

03/01/2004
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. Reason: The …

Retaliation: Don’t retaliate against witnesses

03/01/2004
After a workplace investigation, check with all parties involved (including witnesses) to make sure they haven’t been retaliated against. The case: During an investigation into misconduct, employee Donny Abbott told supervisors …

Domestic-partner benefits: Don’t fear cost, controversy

03/01/2004
Issue: More employers are offering domestic-partner benefits to both same-sex and opposite-sex couples. Benefit/risk: Such benefits can provide a good recruiting tool, but thorny legal and tax issues must be …

Phrase job offers carefully to avoid confusion, lawsuits

03/01/2004
Issue: What you don’t say in a job-offer letter may be just as important as what you do say. Risk: Fired employees may try to use poorly written job-offer letters …

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.

Develop rules for using cell phones while driving

03/01/2004

Q. One of our managers was talking on his company cell phone when he struck and injured a pedestrian. Can the pedestrian sue the company? —P.L., Washington

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 …