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Terminations

Get legal help right away when union moves in

03/06/2009

After years of setbacks, the labor movement is enjoying a renaissance. More employers will find themselves with a unionized workforce. If you suspect your employees will seek union representation, hire an attorney who is an expert on organized labor unionization right away. Otherwise, you may find yourself facing unfair labor practice charges.

Last-chance isn’t ‘license to discriminate’

03/06/2009

If you use last-chance agreements that include an employee’s promise not to sue, understand that courts will strictly limit such a promise. The agreement can include a promise not to sue for past alleged employer discrimination in exchange for the last chance to remain employed. However, that promise cannot be extended to any discrimination that may occur later.

Have the supervisor or manager who did the hiring be the one to handle the firing

03/06/2009

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

Offer alternatives to layoffs—but don’t expect your good deed to go unpunished

03/06/2009

Courts understand that today’s economic climate is difficult. They aren’t likely to assume a company is restructuring or downsizing solely to “get” some employees. That’s especially true for employees lucky enough to be offered an alternate position—and then turn it down in order to sue.

Study cites New York as a hotbed of wage-and-hour claims

03/06/2009

A recent report offers some ominous news for New York employers. New York is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Shared Work Program helps workers cover reduced hours

03/06/2009

The state Labor Department wants you to know there is an alternative to cutting staff during the downturn. Employers that reduce work hours for full-time employees instead of laying them off may qualify for the Shared Work Program.

Mount Carmel Health to cut jobs, programs

03/06/2009

Columbus-based Mount Carmel Health will cut 300 jobs and several outpatient services to cope with reduced revenue. Among the service casualties are the system’s smoking cessation program including its help-line, its senior outpatient lung rehabilitation and outpatient nutrition counseling services.

What are the COBRA rules applying to small businesses in Ohio?

03/06/2009

Q. We are a small business, with only 12 full-time employees and a smattering of on-again, off-again part-timers. When an employee leaves, do we have to provide a COBRA notice?

Handling Unemployment Claims the Legal Way

03/04/2009
Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. FUTA sets the federal tax rate, while the state tax rate varies by state. By understanding how the system works, you may be able to cut your state […]

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …