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Terminations

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 …

Courts grow impatient with employees’ frivolous cases

03/03/2009

As the economy slumps, expect more lawsuits from employees who lose their jobs. Many won’t find lawyers because their cases are flimsy. They may then file the lawsuit themselves. Fortunately, courts are beginning to lose patience with such cases …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

HR and the American Recovery and Reinvestment Act of 2009

03/03/2009

Tucked into the massive American Recovery and Reinvestment Act of 2009 are several provisions affecting HR. But because most require federal agencies to write new implementation rules, predicting how they will play out day-to-day will be like trying to hit a moving target. Bookmark this page to stay up to date on compliance guidance as the government releases it.

Study cites Texas as a hotbed of wage-and-hour claims

03/03/2009

A recent report offers some ominous news for Texas employers. Texas 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.

N.C. appeals court ruling: Noncompete clause goes too far

02/26/2009
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Challenging more unemployment claims? You’re not alone

02/26/2009

When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Jobless spike leads to crush of résumés

02/26/2009

The number of Americans receiving unemployment benefits jumped to 5 million last month, an all-time high. The result: Desperate people are applying to anything that resembles a job …