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Employment Law

Courts impatient with workers who act as their own lawyers

09/28/2011

Employees who can’t find an attorney to represent them when they sue their employers sometimes decide to represent themselves. This makes for more work for the courts. But judges are beginning to lose pa­­tience.

Be specific when crafting claims agreement documents

09/28/2011
Employers can shorten the time employees have to sue by stipulating uniform claims timeframes that cover all disputes. However, you must be very specific about what’s covered.

Zero-tolerance drug policy? Make sure you uniformly apply it to all

09/28/2011
Do you have a zero-tolerance rule against employees who use or possess illegal drugs at work? If you don’t apply it to all employees who break the rule, you will be sued.

Conduct truly independent investigations to ferret out retaliation by rogue supervisors

09/28/2011
Employers are liable for the discrimination perpetuated by supervisors unless they can show that, before accepting a supervisor’s termination recommendation, they conducted an independent investigation. Employers that don’t conduct a truly independent investigation—including allowing the subordinate to present his version of events—can still be liable.

Firing? Document reasons–and stick with them

09/28/2011
Here’s a tip to keep in mind the next time you must terminate an employee: Even if you don’t intend to tell the worker why he is being fired, be sure to carefully document the reasons. That way, if you are challenged later in court, you can point to the contemporaneously produced record as evidence you had a legitimate, business-related reason for your decision.

After FMLA, consider granting more ADA leave

09/28/2011
What should you do if an em­­ployee has used up all her available FMLA and personal leave and still needs periodic time off? If she has a disability, you may be required to let her take more leave as a reasonable accommodation under both the ADA and the New Jersey Law Against Discrimination.

Worst defense award: ‘She’s too ugly to harass’

09/28/2011
A Brooklyn woman filed a sexual harassment claim, saying she faced a gauntlet of both verbal and physical sexual harassment in her first year working at a realty office. The company owner’s response? “Who would want to touch her? She’s an ugly girl anyway.”

Feds offer partial amnesty for contractor misclassification

09/27/2011
If you’ve been worried that some of your workers may be incorrectly classified as independent contractors, but leery about opening a legal can of worms to fix potential problems, Uncle Sam is offering to cut you a break. Learn about a new program designed to help you get your records in order—and avoid penalties.

Internships aren’t ‘free labor’ if they violate the FLSA

09/27/2011
Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.

Remind managers to track verbal discipline, too

09/23/2011
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.