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Employment Law

No application on file, no failure-to-hire claim

03/22/2012

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

Small amount at stake in employee suit? Know when it’s best to consider settling

03/22/2012

Sometimes, it’s better to settle than to fight. If a case is pretty clear and the potential liability small, it makes sense to pony up the settlement money. Otherwise, a court may punish bullheadedness with a large award for attorneys’ fees.

Having anti-harassment policy isn’t enough: You had better be prepared to enforce it, too

03/22/2012

It’s not enough to have an anti-harassment and discrimination policy in your manual. It’s not even enough to train everyone regularly on what the policy requires. What really counts is enforcing the policy when complaints come in. If you don’t, the penalty may be punitive damages.

Warn managers: That snarky email may be the smoking-gun evidence that loses a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

More union members in 2011, thanks to private-sector gains

03/22/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Illinois, 16.2% of workers belong to a union.

You don’t always have to terminate harasser

03/22/2012

Sexual harassment runs the gamut, from out-and-out assault to un­­welcome flirting. No sane em­­ployer would hesitate to fire someone who physically harmed a co-worker. But for less severe, isolated incidents, less drastic action may be reasonable—as long as it solves the problem.

Stamp out racially offensive graffiti ASAP

03/22/2012
Some forms of racial intimidation are so offensive that even one incident may be enough to create liability, unlessthe employer acts fast. Racially hostile graffiti is one example. If you don’t take steps to cover it and prevent recurrence, even one offensive tag can mean liability.

Warn bosses: Your snarky email could cost us a lawsuit

03/22/2012

It used to be that managers picked up the phone when seeking HR’s input on how to handle an employee problem. These days, they send an email. That can spell big trouble. Email, unlike a phone conversation, leaves a perfect record of what transpired. And courts don’t hesitate to use email as evidence.

How to make ‘no unauthorized OT’ policy work

03/22/2012
The first step to controlling overtime costs is to establish a sound policy forbidding unauthorized extra work for hourly employees. But a “no unauthorized overtime” policy is just the beginning. It’s what you do after implementing the policy that counts.

Interns fighting back: Must you pay them?

03/22/2012
A handful of high-profile legal disputes are shining a bright light on an often-ignored issue: Should employers be required to pay interns at least the minimum wage?