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Employment Law

Court affirms 45-day EEO deadline for fed workers

12/01/2010
Federal employees have just 45 days following an alleged discriminatory action to file complaints with their agency’s internal equal employment opportunity (EEO) office. Courts are increasingly holding employees to that deadline.

Lateral transfer isn’t an adverse employment action

12/01/2010

Employees turned down for jobs that amount to lateral transfers can’t sue for discrimination. That’s because employees have to prove the employer made an adverse employment decision based on some form of discrimination. A transfer that doesn’t change the terms and conditions of employment isn’t adverse.

Employee pushing envelope on HR policies? Maybe he’s not best for job with lots of rules

12/01/2010

Have you had an employee who always tries to see how far he can stretch workplace rules? You know the type—he takes all breaks, arrives just before he’s technically late and never volunteers for the tough tasks. That guy might not be the best choice to promote into a job that requires following strict rules.

Arbitration agreements are contracts! Keep them out of employee handbooks

12/01/2010
The Supreme Court of Texas has just ruled that arbitration agreements are legally valid and enforceable as long as they are stand-alone contracts—and not part of an overall employment manual.

Candidate extra-qualified? Make a note of it

12/01/2010
Sometimes, a candidate stands out as a great potential hire. Whatever it is that signals this is a good hire, make sure you note it in your interview documentation. Otherwise, it may be hard to justify the decision if another applicant who met the basic job requirements sues and alleges some form of discrimination.

Warn bosses: No remarks about employee age

12/01/2010

Don’t panic if you find out that a supervisor has made age-related comments. Instead, use the incident as a teaching moment. Instruct all managers and supervisors that they should view negative comments about age the same way they view comments based on sex, race, disability and other protected classification stereotyping.

Women: Holiday Inn manager expressed himself inappropriately

12/01/2010
A North Carolina hotel management company finds itself exposed to legal liability because the manager of the Holiday Inn Express in Simpsonville, S.C., allegedly exposed himself to female employees.

Beware disciplining worker who has claimed harassment

12/01/2010
Unless an employee has a poor performance history, don’t fire him a few days after he reports harassment.

Do your best to promote workplace civility, but don’t sweat faux pas that weren’t meant to offend

12/01/2010
Good employers strive to create a workplace that’s as respectful and civil as possible. But even in organizations that try their best, supervisors and managers sometimes mess up. A poor choice of words or an ill-timed joke can create tension and inflame passions. Mistakes like those don’t necessarily mean the employer is destined to lose if an employee sues.

Use deliberate process to make termination decisions–and demonstrate your good faith

12/01/2010

When you must terminate an employee, resist the temptation to “throw the book” at him by dredging up every possible mistake. That can backfire. Instead, make sure your termination process is respectful, careful and deliberate. An employer that seems reasonable almost always fares better in court.