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Terminations

Don’t marginalize harassing behavior–you could trigger constructive discharge suit

04/28/2010

If you haven’t already done so, now is a good time to remind everyone in HR to avoid playing down or dismissing the impact of supervisor harassment on employees. It may be tempting to tell a complaining employee that she’s making a mountain out of a molehill. But understand that telling an employee she should get over it and return to work may prompt her to quit—and then sue you.

How a boss’s Kwik-E-Mart trip cost $100K

04/27/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.

New amendments extend COBRA 65% subsidy to May 31

04/23/2010
Effective April 15, 2010, the 65% COBRA premium subsidy program that originally took effect in early 2009 will remain available until May 31, 2010. The new date became official on April 15 when President Obama signed the Continuing Extension Act of 2010, which stretched eligibility for the subsidy and extended several other federal benefits designed to help unemployed workers.

65% COBRA subsidy extended through May 31

04/20/2010

On April 15, President Obama signed into law amendments that extend eligibility for the 65% COBRA subsidy through May 31. The amendments buy time for Congress to consider additional legislation that could keep the subsidy alive until the end of the year.

Must we offer severance pay?

04/19/2010
Q. Because of a downturn in our business, we are thinking of eliminating a position. Are we required to offer severance pay to the terminated employee?

Use new EEOC guidance to review severance agreements

04/19/2010
Employers have a new primer from the EEOC on how to craft legally compliant severance agreements. Although Understanding Waivers of Discrimination Claims in Employee Severance Agreements was designed to answer employee questions about severance agreements, it offers useful guidance to employers, too.

White Way says EEOC took it to the cleaners

04/19/2010

St. Paul-based White Way Dry Cleaners has paid $42,250 to a former employee who filed an EEOC pregnancy discrimination lawsuit. The case arose when Michelle Johnson was transferred from her job pressing clothes to a counter position after telling her bosses she was pregnant. White Way had a longstanding policy of transferring pregnant employees to protect them from chemicals used in the dry cleaning process.

Make sure employees know where and how to report alleged sexual harassment

04/19/2010

It’s simply impossible to prevent all sexual harassment incidents. But you can take steps to protect your organization from most sexual harassment lawsuits. Make sure your sexual harassment reporting policy is clear, specific and well publicized.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

When former employees poach more of your all-stars, fight back in court

04/19/2010
There’s hope for employers victimized by competitors who attempt to poach corporate all-stars. If some other organization tries to unethically steal your best employees, you may have a remedy—even if you haven’t made employees sign noncompete agreements (which aren’t usually enforceable in California anyway).