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Employment Law

Get separate signature to enforce arbitration agreements

06/01/2001
When Lupe Romo filed suit after being fired, her employer argued that she had to take her complaint to arbitration. Reason: An agreement to arbitrate was part of the employee handbook, …

Don’t withhold promised severance when a former employee files suit

06/01/2001
When Shawn Bernstein lost his job in a company merger, he sued under just about every discrimination law imaginable. The court threw out those claims, saying the company had legitimate reasons …

Requests for accommodation must be reasonable

06/01/2001
After an argument between Manuella Reed and a co-worker, her plant manager told Reed she should walk away from altercations and contact a supervisor. Months later, Reed got into a heated …

Don’t let policies rot on a shelf; educate staff or lose your defense

06/01/2001
Sprint wasn’t ignorant of sexual harassment. The company had distributed a human resources policy guide to all employees in 1990 and posted it in all offices. Its code of ethics urges …

Informal vacation policy can cost you.

06/01/2001
Don’t leave any doubt about when workers are on vacation. Michael Pelletier’s employer fired him after 20 years on the job, claiming he failed to show up for three days …

Be clear which company is the employer.

06/01/2001
Tri-Me Transportation was the company that paid Geri Heinemeier and the one she listed as her employer. When Heinemeier sued the company for sexual harassment, the judge ordered Tri-Me to …

Retaliation doesn’t have to be part of original complaint.

06/01/2001
Don’t rest if a discrimination suit against you doesn’t claim retaliation from the outset. The employee can usually add it later, if the retaliation is related to the initial complaint. A …

Supreme Court: One crude remark doesn’t equal hostile environment

06/01/2001
A supervisor reviewing reports on job applicants with two other employees noted that one candidate had told a co-worker, “I hear that making love to you is like making love to …

Bankruptcy bias: Handle deadbeat applicants carefully

06/01/2001
Don’t refuse to hire applicants, and don’t fire current employees, solely because they’ve filed for bankruptcy. The U.S. Bankruptcy Code bars such discrimination. However, you can consider an applicant’s overall …

Continuing deductions slams correction window shut

06/01/2001
Don’t wait until someone questions his exempt status to check whether you’ve been making improper pay deductions and then try to correct the situation. Although there’s a “window of correction” …