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Employment Law

Whistle-blowers win big in New Jersey Supreme Court

06/28/2011
The New Jersey Supreme Court has delivered a powerful blow to New Jersey employers that find themselves in the crosshairs of a Conscientious Employee Protection Act lawsuit. It ruled in June that whistle-blowers who suffer retaliation that causes psychological damage can collect lost wages—even if they weren’t fired, but quit instead.

NJLAD only covers employees who work in N.J.

06/28/2011
Good news if you have offices in New Jersey but employees in other states: Employees can’t sue in New Jersey just to gain the expansive protections available under the New Jersey Law Against Discrimination (NJLAD).

Consider additional leave as ADA accommodation

06/28/2011
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

E is for Evidence: The HR Risks of Smoking-Gun Employee Emails

06/28/2011

Your employees may know how to physically send an email message. But have you ever taught them what should—and, more importantly, should not—be included in email? “The ‘e’ in email stands for eternal evidence and it doesn’t go away,” said attorney Mindy Chapman, author of the HR Specialist’s Case in Point blog, at this week’s Society for Human Resource Management (SHRM) conference in Las Vegas…

Employee fails to pay premium while on FMLA leave: When can you drop coverage?

06/27/2011

Employees who are out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues. If he skips any payments, the employer can terminate coverage without violating the FMLA.

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

Hospital executive pleads guilty to embezzlement charges

06/24/2011

The former executive vice president of the Children’s Hospital of Phila­del­phia has pleaded guilty to charges stemming from a 12-year plot to embezzle $1.7 million from the hospital. Roosevelt Hairston Jr. was relieved of his duties in February after hospital auditors found irregularities.

York County official claims hard times led her to steal

06/24/2011
York County Assistant Chief Clerk Vickie Gladfelter has pleaded guilty to stealing more than $347,000 in county funds. She was sentenced to one to five years in state prison. Glad­­felter confessed to a seven-year scheme involving selling used county cell phones and pocketing postal refunds.

Fair harassment investigation can justify firing supervisor

06/24/2011
When investigating supervisor sexual har­assment claims, you must conduct a fair workplace investigation, not a criminal probe. As long as the investigation was fair and the conclusion was reasonable, courts won’t interfere.

When planning layoff, use objective factors

06/24/2011
When deciding who should get the ax during cost-cutting reductions in force, use as many objective factors as possible. For example, use performance measures that include specific achieve­­­ments and rankings based on those achievements.