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New York

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

EEOC can order employer to keep former harasser away

12/05/2012
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.

Common-sense court decision: Promotion isn’t adverse employment action

12/05/2012

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

Employee refuses to cooperate with internal investigation? That’s a firing offense

12/05/2012
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.

Boss embroils steakhouse in same-sex harassment case

12/05/2012
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.

Court: Being a tough boss is perfectly legal

12/05/2012
There’s no state or federal law that requires work to be easy or fun. As long as managers treat employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can be as unpleasant as they want.

Warn top brass: Avoid appearance of impropriety

12/05/2012
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.

Fire if necessary: Complaining about bias doesn’t earn free pass to terrorize co-workers

11/19/2012
Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.

New York broadens payroll deductions, adds employer requirements

11/11/2012
Back in June, the New York Sen­ate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193. The amendment—effective Nov. 6, 2012—permits New York ­employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.

NYC guidance counselor fired over old lingerie photos

11/11/2012
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.