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Employment Law

Consider uniform, ADEA-compliant severance and rights-waiver releases–even if age isn’t factor

12/06/2010
There’s a way to make it easier to get severance agreements for older workers to stick. Instead of a general severance agreement for most employees, and a special ADEA-compliant one for older workers, use a uniform agreement that complies with the ADEA for all severance agreements. That’s what one employer recently did. When the former employee who signed the agreement tried to get out of it, the court refused.

Head off harassment suits: Review all firings

12/06/2010
Quid pro quo harassment cases, in which a supervisor makes a pass at a subordinate and then punishes her if she rejects the advance, are hard for employers to defend. Your best bet is prevention. Institute a review process for all adverse employment actions such as demotions or terminations. Require a second signature before any firing becomes final.

Document reason for terminations after FMLA

12/06/2010

Generally, employers don’t need a reason to terminate an at-will employee. But that doesn’t mean you shouldn’t carefully document how, why and when you made the decision—even if you don’t plan to share the information with the employee. Documentation is especially crucial if you are terminating an employee who is returning from FMLA leave.

Consider chronic conditions when employees request FMLA leave

12/06/2010

When deciding whether a person has a health condition that qualifies for FMLA leave, employers sometimes mistakenly focus only on the provision that defines “serious condition” as one that incapacitates an employee for three calendar days or more. They frequently overlook the part of the FMLA that adds any period of incapacity or treatment due to a chronic, serious health condition.

Unemployed: A new protected job-discrimination category?

12/06/2010
With unemployment still running near 10%, employee advocacy groups are speaking out against want-ads that say “applicant must be currently employed” or “do not apply if unemployed.” A petition drive is pushing Congress to make it illegal to discriminate against unemployed people.

Remind bosses about legal risk of ‘make workers so miserable they quit’ strategy

12/03/2010

Some supervisors wrongly assume that employees can’t sue if they quit—only if they’re fired. That makes some bosses think the best way to get rid of overly litigious employees is to make life so horrible that they quit. That’s not smart. Employees who find working conditions so intolerable that they have no choice but to quit can still sue for constructive discharge.

How Leandra’s Law could affect your company-vehicle policy

12/02/2010
Leandra’s Law (the Child Passenger Protection Act) requires anyone convicted of driving while intoxicated in New York to install and maintain an ignition interlock device on any vehicle he or she owns or operates. That’s a condition of the person’s probation or conditional discharge. Leandra’s Law has several important provisions that apply to employers of people who have been convicted of DWI.

Harlem nonprofit sued for firing OSHA whistle-blower

12/02/2010
OSHA is suing the East Harlem Council for Community Improvement for allegedly retaliating against an employee who complained about unsafe working conditions.

When employer calls for a recommendation, keep it basic

12/02/2010
When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

Court: Employee can be late filing bias claim with state and still retain 300-day EEOC window

12/02/2010
In many states, including New York, employees have 180 days following an allegedly discriminatory act to file charges with either a state or local discrimination agency. They have 300 days from the allegedly discriminatory act to file with the federal EEOC. But what if the employee files her state claim too late?