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Employment Law

Handle criminal inquiry with care, sensitivity

10/10/2011

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Holiday sampler: 4 treats to make HR’s season bright

10/08/2011
The holidays are special, but they’re also an HR headache. Our early gift to you: Advice on everything from planning seasonal celebrations to handling end-of-year scheduling hassles.

Take it on faith: You can accommodate religious diversity

10/07/2011
Title VII of the Civil Rights Act of 1964 prohibits em­­ployers from discriminating against employees based on their religious beliefs. As America becomes more diverse, employers are facing more issues that concern employee faith, including requests for time off and dress and grooming standards.

New for New York employers: union posters, NYC religious accommodation

10/07/2011
The National Labor Relations Board has ruled that private-sector employers must post a notice advising employees of their right to join a union. And a new amendment to the New York City Human Rights Law imposes a higher burden on employers that assert that accommodating an employee’s or pros­­pective employee’s religious observance or practice would constitute an “undue hardship.”

Lake Champlain pizza parlor faces sex harassment charges

10/07/2011
The EEOC is suing Angelo’s Pizza and Grill in Rouse’s Point on the shores of Lake Champlain, alleging that three managers subjected female employees to unwanted sexual advances and lewd comments.

Appeals court to lower courts: Consider NYC claims separately

10/07/2011
Do you have employees in New York City? If so, different and more stringent rules apply to your HR practices. It isn’t enough to get federal discrimination claims dismissed. Trial courts have to consider city claims separately.

Sorting through résumés? Make criteria clear

10/07/2011
These days, you’re probably receiving tons of résumés for open positions. You obviously can’t interview all candidates. But don’t get careless about whom you pick to advance to the next screening level.

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011
Want to avoid needless and ex­­pensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.

When service member returns from active duty, reinstate to job that’s truly comparable to old one

10/06/2011

Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the re­­turn­­ing worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.