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Employment Law

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Be upfront about pre-hire training needs

01/01/2003
Does your company mandate training courses before a new hire starts? If so, let job candidates know about these requirements and whether they’ll be paid for the time. …

Don’t stray from layoff procedures

01/01/2003
A 65-year-old employee was laid off as part of a reduction in force. She claimed her supervisor had made age-related comments, and the company failed to follow its published RIF criteria …

Beware new court trend: Employees use expert to shift blame for failure

01/01/2003
If an employee drags you into court, don’t be surprised if the worker totes along his own expert witness to put your company in a bad light. More employees are …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Don’t raise performance bar solely on workers taking FMLA

01/01/2003
Talk about a multimillion-dollar mistake. In a case that could spell a trend as more baby boomers care for aging parents, an Illinois federal jury awarded $11.65 million to a hospital …

Transfer to more demanding job doesn’t add up to retaliation

01/01/2003
After railroad laborer Sheila White complained that her foreman sexually harassed her, her employer investigated and temporarily suspended the foreman without pay. Soon after, the company gave White’s forklift duties to …

True ‘disability’ limits employees’ life activities, not just job tasks

01/01/2003
After less than a month on the job, Mark Mack was put on leave when an injury prevented him from lifting and kneeling, both of which were required for his job …

Reimburse any pre-employment costs that cut into minimum wage.

01/01/2003
Migrant workers at a Florida farm were required to pay expenses out of pocket for securing work visas and traveling to job sites. Because these costs amounted to “pre-employment deductions” from …

Failed romance frustration doesn’t equal sex harassment.

01/01/2003
A corporate officer had an on-again/off-again dating relationship with his direct subordinate. After the couple’s third dating stint ended, the boss sent e-mails and gifts to his lost love, asking her …