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Employment Law

Bergen hospital nurse claims retaliation after reporting abuse

12/21/2010
Mary Louise Doyle, a nurse fired from the Bergen Regional Medical Center, has filed suit against her former employer, claiming she lost her job in retaliation for exposing improper practices at the hospital.

N.J. Supreme Court backs former HR exec who copied documents

12/21/2010

The New Jersey Supreme Court has handed disgruntled employees a big weapon to use against their employers. The court ruled that Joyce Quinlan was within her rights to photocopy company documents—some of which were confidential—to use in a lawsuit against Curtiss-Wright, the aerospace company where she once served as executive director of human resources.

Worker back from FMLA? Beware making job changes

12/21/2010
After an employee returns from FMLA leave, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.

Harassment in Conshohocken leads to $66,000 EEOC settlement

12/21/2010
Telecommunications giant One Communications Corp. has settled an EEOC religious discrimination and harassment suit filed by three Jewish employees at its Conshohocken office.

With good reason, it’s OK to fire upon return from FMLA

12/21/2010
Don’t be afraid to terminate employees who have just returned from FMLA leave—as long as you have good reasons that are unrelated to the FMLA.

Temp better than employee? Terminate with care

12/21/2010
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!

Feel free to punish boorish misconduct, even if employee blames it on disability

12/21/2010

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s not true. Employers can and should punish behavior that is disruptive, wrong or breaks company rules, even if that behavior may be tangentially related to a disability of some sort.

When reorg will cut older worker’s position, consider offering reassignment to other jobs

12/21/2010
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.

2010 was record year for EEOC discrimination complaints

12/21/2010
The EEOC received nearly 100,000 complaints of discrimination in federal fiscal year 2010 that ended Sept. 30, 2010. The total of 99,922 topped the previous high of 95,402 in FY 2008 and represented a 7% increase over FY 2009’s figure of 93,277.

PDA doesn’t guarantee leave for child care

12/21/2010

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.