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New York

Employee represents himself? Take the suit seriously

07/09/2014
These days, few attorneys accept cases they know they can’t win. That means more employees are acting as their own lawyers. Don’t make a classic employer mistake: Ignoring a pro se lawsuit in which the employee represents himself. Instead, practice patience and diligence in pushing for the court to dismiss the case.

Most political speech doesn’t create hostile environment

07/09/2014
Politics sometimes come up when co-workers talk. As long as what’s said isn’t overtly offensive, those discussions don’t create a hostile work environment—even if some employees are sensitive about the subject matter.

Have attorneys monitor other lawsuits that may have been filed by class-action members

07/09/2014

You may think that settling a class-action lawsuit puts an end to the matter, stopping further claims by an employee who was a member of the class. If you know an employee has filed another EEOC complaint or lawsuit, be sure to tell your attorney when the class-action suit is being settled. Otherwise, you may soon be back in court.

Courts won’t hear it: Don’t try piling on after-the-fact reasons for termination

07/09/2014

Sometimes, after an employee has been discharged, a supervisor will discover that the employee broke additional rules. But even if what you discover would be enough to have justified discharge on its own, chances are a court won’t let you use the information in your defense. After-acquired evidence isn’t admissible to show you would have fired the employee for reasons other than the one you used.

Back RIF decisions with sound fiscal reasons–and prepare to explain them in court

07/09/2014
If an employer can present a coherent and rational explanation for why economics—not retaliation—drove a RIF decision, chances are a court won’t second-guess it.

Charging insubordination? Line up witnesses

07/09/2014

When you fire a difficult em­­ployee, there’s a good chance he or she will remain a thorn in your side. Always aim to document the incident that prompted the firing by gathering as many eyewitness accounts as possible.

Words matter when firing disabled employee

07/09/2014
If a disabled employee is about to get the ax for reasons that have nothing to do with her condition, don’t make any comments about her health. Otherwise, it could look like you really fired her because she is disabled—and it could become the basis for a disability discrimination lawsuit.

How your handbook may violate the NLRA

06/09/2014
The National Labor Relations Act guarantees employees the right to discuss working conditions and organize. The language contained in your employee handbook can put you on the wrong side of the law.

Bypass ADA interactive accommodation process at your peril

06/09/2014

When it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations. If a supervisor or HR professional refuses to even consider accommodations, it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a jury trial.

State court awards $1.6 million to Manhattan lesbian chef

06/09/2014
A Manhattan chef will see her largest payday ever after a state appellate court upheld a $1.6 million judgment against her former employer. Edward Globokar, owner of Tribecamex, will fork over the big bucks to his openly lesbian chef.