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Employment Law

Think twice before refusing telecommuting– it could be an adverse employment action

04/25/2011
If you let some but not all em­ployees telecommute, you could wind up facing a discrimination lawsuit. Turning down a request to telecommute may qualify as an adverse employment action.

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

Out of sight shouldn’t be out of mind: Monitor remote facilities for signs of harassment

04/25/2011
Some employers are apparently still clueless about their obligations to prevent, detect and remedy unlawful harassment.. Lawsuits continue to clog up the legal system as employees keep filing sexual harassment cases. Many of those cases revolve around what happens far from corporate headquarters.

Beware lawsuits from outspoken employees

04/25/2011

Public employees—people working for government agencies and state colleges and universities—don’t lose their right to free speech just because they work for the government. Discriminating against them because of what they say or believe may be seen as “viewpoint discrimination.” And that can mean lawsuits.

Take hard line on workplace violence threats

04/25/2011

Some employees think nothing of threatening their co-workers. Most employers disagree and aggressively move to stop such harassment. Courts are on the employers’ side: They’ll seldom second-guess a decision to fire the culprit.

What rights do employees on military leave have?

04/25/2011
Q. Several of our employees are in the Army Reserve or are on long-term leave due to military deployment. What rules apply?

What is ‘cat’s paw’ liability?

04/25/2011
Q. I’ve been hearing a new term lately: “cat’s paw” lia­bil­ity. What is it, and why should I be worried about it?

What are the basics of retaliation liability?

04/25/2011
Q. We keep hearing that retaliation can be a bigger lawsuit worry for employers than even discrimination or harassment. What kinds of employment laws impose retaliation liability?

N.J. Supreme Court decides: Can employees take confidential docs?

04/25/2011
Can an employee who wants to prove discrimination take, copy and dis­close company documents? How does that square with the company’s right to protect what it deems to be confidential information? The New Jersey Supreme Court ­recently offered some guidance on this issue in Quinlan v. Curtiss-Wright.

EEOC ticked after tech firm reneges on agreement

04/25/2011
The EEOC is taking aim with both barrels at a Newark IT firm, HD Dimension Corp., after the company allegedly reneged on a conciliation agreement the commission brokered following accusations of discrimination.