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Employment Law

Gather essential hiring records: Interviewers should take notes, HR should collect them

09/03/2013
It’s impossible for everyone to remember exactly what happened during an interview held several years earlier. But that’s what an interview panel may be asked to do if a candidate sues. The best approach is to ask the panelists to take notes. Then you should collect all the panelists’ notes for potential future use.

Only interviewing a few candidates? Note why you skipped some applications

09/03/2013

Unfortunately, some applicants don’t take rejection well. That’s why you need to document what you did with each application. Something as simple as the fact the applicant didn’t fill out the form completely may help you if you’re sued.

Constant badgering about health, weight may be age discrimination

09/03/2013
Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.

EEOC to repay millions to falsely accused trucking firm

09/03/2013
An angry judge has ordered the EEOC to pay $4.7 million in legal fees incurred when the national trucking firm CRST had to defend itself against a flurry of sexual harassment suits, many of which eventually turned out to be baseless.

Before firing, consider entire work history

09/03/2013
You don’t want to fire an employee without good grounds. Sudden deterioration in performance may be real—or a sign of age discrimination. Be especially cautious if the employee’s replacement is more than five years younger or the employee has complained about age-related comments.

Victim’s conduct won’t cancel out harassment

09/03/2013
You may think that an employee who admitted to bringing a racy photo to work and showed it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.

There’s no excuse for workplace abuse! Even disabled employees can be disciplined

09/01/2013
Employers don’t have to put up with angry and abusive em­­ployees who try to make life miserable for others. That’s true even if the employee is disabled and has taken FMLA and other leave to deal with mental problems or medical conditions that may be contributing to poor behavior.

Thinking about turning employee into independent contractor? Consult lawyer first

08/30/2013
One of the most misunderstood concepts in employment law is that of the independent contractor. Before you jump on the independent contractor bandwagon, remember: If challenged, many arrangements fail to meet legal tests. The more control you assert over so-called independent contractors, the more likely a court will call them employees.

Jury’s discrimination award is subject to withholding

08/29/2013
A federal appeals court has ruled that a former employee’s Title VII jury award was taxable back pay and front pay. The employer, therefore, didn’t need to seek the trial court’s approval to withhold taxes, even though the award didn’t explicitly allow the employer to withhold.

When competition might come from within, keep employees honest

08/28/2013
It’s a situation that happens more often than you might think: An em­ployer finds out that one of its em­ployees is preparing to leave and set up her own shop. But is the employer handcuffed, un­able to do anything about the up­start competitor because this employee didn’t sign a noncompe­tition agreement?