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Employment Law

Court: Elmhurst pumping firm drained workers’ 401(k) funds

10/18/2012
A federal court has ordered the owner of Elmhurst-based ABD Tank & Pump Co. to repay $2.7 million that was illegally skimmed from the company’s 401(k) plan.

Benefits questions can trigger ERISA suit

10/18/2012
ERISA allows employees to sue if they believe they suffered retaliation for giving information or testifying in an ERISA proceeding. Until now, employers assumed that an employee had to at least make a formal complaint to the DOL before he could sue for retaliation. That’s no longer true.

‘Keep this private’ may be unlawful request during internal investigations

10/18/2012

When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.

Do we have to tolerate threats from bipolar worker?

10/17/2012

Q. After an employee threatened a co-worker with violence, we gave her a warning. When she did it again, she told her boss she was bipolar and going through a prescription change. She was unaware she made the comments. Do we have to tolerate this behavior now that we know she may be disabled?

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.

Create special test for underperforming worker

10/15/2012

Do you have an employee who just doesn’t seem capable of doing his job? If you document the shortcomings, you can create a special test designed to measure improvement. Just be sure to provide appropriate training materials as part of your effort.

Should we take up the EEOC on its offer to mediate a complaint?

10/12/2012
Q. The EEOC wants us to participate in mediation. Should we? If we don’t, will it make the investigator think we’re trying to hide something?

What’s going on? It seems like we’re being investigated twice for bias

10/12/2012
Q. We received a charge from the EEOC and we’re dealing with it. Now we’ve received correspondence from the state equal opportunity agency, too. What’s up? Are we going to be investigated twice?

What to do when enforcement agencies come knocking

10/12/2012

The federal government, most states and some municipalities all have agencies charged with enforcing employment laws. Employers are most likely to have contact with agencies that enforce anti-discrimination laws. How you deal with those enforcement agencies when discrimination charges surface matters a lot.

Female chauffeurs sue Saudi prince, limo company

10/12/2012
Three fired female drivers filed gender discrimination complaints with the EEOC against Prince Abdul-Rahman and Crown Prince Limousine and its owner. Following the EEOC’s unsuccessful attempt to mediate the complaint, the women have now filed suit in federal court.