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Employment Law

Each paycheck can equal a discriminatory act

12/01/2001
After six years on the job, Gerard Cardenas quit and sued his company, alleging that he was paid less because he is a Mexican American. A lower court tossed out his …

You can correct FMLA mistakes

12/01/2001
In golf, they call it a mulligan. Kids call it a “do-over.” And in the world of Family and Medical Leave Act (FMLA) administration, it can be legal to do an …

Filing suit to protect trade secrets won’t kill your arbitration rights

12/01/2001
MicroStrategy put the head of its HR department, Betty Lauricia, on paid leave soon after she filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC). Lauricia had an arbitration …

Court upholds workers’ right to bring co-worker to meeting

12/01/2001
A federal appeals court has upheld a controversial labor rule that gives employees the right, even in nonunion workplaces, to bring a co-worker along with them during an investigative meeting …

Can you give inferior benefits to disabled retirees? Courts split

12/01/2001
The 7th U.S. Circuit Court of Appeals (Illinois, Indiana and Wisconsin) recently ruled that a company doesn’t violate the Americans with Disabilities Act (ADA) when it provides less generous retirement benefits …

Paid family leave: Lots of talk in states but little action

12/01/2001
Despite dozens of bills being introduced on paid family leave in state legislatures this year, only one made it into law. Oklahoma passed legislation requiring employers to allow workers to …

Build a firewall against Internet, e-mail liabilities

12/01/2001
Whether you have a work force of three or 3,000, any time you let a worker use your e-mail or Internet service, you’re putting your company at risk for lawsuits and …

When threats loom, follow officials’ advice

12/01/2001

Q. In light of the recent anthrax attacks, we are concerned about the potential health risks to our employees from handling incoming mail—and the potential legal risks to us. What should we be doing to protect them and ourselves? —V.B., Ohio

Don’t hamstring defense by detailing termination

12/01/2001

Q. We recently terminated an employee. He claims that he is legally entitled to a letter outlining the reasons for his discharge. Is he correct? —E.T., Maryland

Off-Duty Parties Sometimes Carry Liability

12/01/2001

Q. A recent sexual harassment complaint reported the conduct of management employees at a private party. The party was outside the normal workday and wasn’t sponsored by the company. What is the company’s liability? —W.S., Wisconsin