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Employment Law

Delete cryptic notes lurking in your HR files

11/28/2011
Before you toss that handwritten note into the employee’s file today, stop for a second and read it. Years from now, will you remember what that chicken-scratch meant? Many lawsuits have turned on one or two words scrawled by a manager or HR pro after employee meetings and conversations.

New hire running into trouble right away? Document problems early and often

11/25/2011

Once in a while, the honeymoon is barely over before a new em­­ployee starts to struggle. Since every job has a learning curve, you may hesitate to terminate right away. But you can’t ignore the problems, either.

Court: Don’t expect access to past job records

11/25/2011
When a former employee sues, alleging she was terminated because of sex discrimination, the employer often argues that the real reason was poor performance. Don’t expect the court to let you go on a fishing expedition into the employee’s past. As this recent case shows, courts think past performance is no indication of future results.

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Is it OK to use SSNs as ID numbers?

11/23/2011
Q. A few employees have complained that we use their Social Security numbers (SSNs) as their ID numbers. They’re concerned about identity theft. Is it legal to use Social Security numbers for ID purposes?

How do I make a noncompete enforceable?

11/23/2011
Q. Can I ask employees who are already with the company to execute noncompete agreements?

Does workers’ comp cover telecommuters?

11/23/2011
Q. Do workers’ compensation laws apply if an employee is injured while working in his own home and using his own equipment?

Do you recommend anti-harassment training?

11/23/2011

Q. Our company is considering anti-harassment training for all employees. Some managers and executive are concerned that this will stir up lawsuits. Do you recommend such training?

Court eliminates one strategy for ending class-action litigation

11/23/2011

Resourceful defense attorneys have tried a few legal tactics to help em­­ployers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.

EBSA says employer took liberties with retirement funds

11/23/2011

The U.S. District Court for West­ern Pennsylvania has ordered Kevin T. Weir, chief executive officer of Liberty-Pittsburgh Inc., to repay $67,138 to his employee’s 401(k) plan. The settlement resulted from an in­vestigation by the U.S. Depart­ment of Labor’s EBSA.