• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Terminations

Study: Pennsylvania a hotbed for W&H claims

02/24/2009

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

Williams-Sonoma sticks fork in Camp Hill call center

02/24/2009

Kitchen supply store Williams-Sonoma closed its Camp Hill call center in January. The company opted to pay its employees 60 days’ wages in lieu of providing the 60-day warning required by the federal WARN Act.

Make necessary changes, even if worker rebels

02/24/2009

Employees who suspect their employers are trying to get them to leave voluntarily instead of firing them outright sometimes do quit. Then they turn around and sue under the theory of “constructive discharge.” Essentially, they argue their employer made their lives so miserable they had no choice but to resign. Fortunately for employers, courts are fairly strict in how they view constructive discharges.

New economic stimulus law will find HR working closely with accounting

02/20/2009

The politics of the economic recovery and stimulus bill President Obama signed on Feb. 17 have been the talk of Washington for weeks. Now get ready to figure out what it really means for business. Tip for HR pros: Plan on spending lots of time in the accounting department.

Record number of employers dispute unemployment claims

02/19/2009

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. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.

Sleeping in peace: Can employee claim that video of his on-duty nap violates his privacy?

02/19/2009

What should you do if you suspect an employee is goofing off at work or perhaps sleeping at his desk? One employer recently took a high-tech approach to that problem, setting up a surveillance camera to catch an employee in the act. It worked, but it took a trip to court to finally put this case to bed.

Must you offer FMLA for ‘possibility’ of serious illness?

02/19/2009

Don’t be so quick to pull out the “request denied” stamp when employees want to use FMLA leave to determine whether they have a qualifying “serious condition.” As a new court ruling shows, if an employee simply thinks she has a serious condition, she may take FMLA leave to have it checked out.

Stop ex-workers from ‘stealing’ vacation leave

02/17/2009

Employers are free to set the terms by which employees earn vacation leave. But what happens to that leave when employees resign or are fired? Here’s how to make sure you don’t leave that answer open to interpretation—by your employees or a court.

The safest way to handle calls for references and recommendations

02/17/2009

As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.

Can we cut our legal risk by offering unconditional reinstatement?

02/12/2009

Q. If an employee is suing our company, what are the benefits of offering her job back while the litigation is ongoing?