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Terminations

Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law

10/27/2008

Employees and their lawyers are always looking for more ways to wring money out of employers that make mistakes. The latest trend in wage-and-hour cases, for example, is to file an FLSA lawsuit and then seek to collect additional damages by tacking on additional claims under New Jersey’s Conscientious Employee Protection Act. Here’s how …

Just taking leave doesn’t mean employee is disabled

10/27/2008

Employees ask for and take medical leave for all sorts of reasons. That doesn’t mean their employers know when an employee is disabled. But that doesn’t stop some employees from trying to use their leave as evidence in a discrimination lawsuit …

Pay and benefits concessions keep paper from folding

10/27/2008

Wage freezes and other employee concessions negotiated in October brought New Jersey’s largest newspaper, Newark’s The Star-Ledger, back from the brink of a sale or possible bankruptcy.

New employee obviously not working out? Let hiring manager be the one who terminates

10/24/2008

Sometimes, it becomes clear early on that it was a mistake to hire that new employee. If it doesn’t look as though things will improve, it’s a good idea to let the same manager who recommended hiring the employee also be the one to fire her. That makes the termination decision much easier to defend if there’s any question about possible discrimination.

N.C. workers can cite ‘public policy’ violations in wrongful discharge cases

10/24/2008

Although North Carolina is an at-will employment state—that is, employees can be fired for any reason or no reason at all as long as it is not a reason prohibited by law—that doesn’t mean that there aren’t exceptions. One of those is the so-called “public policy” exception, which allows employees to sue for wrongful discharge if their firings violate North Carolina public policy.

Track discipline by protected characteristics

10/24/2008

Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline. Be ready to defend yourself with solid, carefully documented proof…

Ethics battle rages as Election Day approaches

10/24/2008

State Auditor Les Merritt has released a preliminary report concluding that the State Ethics Commission is “hiding facts from the public” regarding its termination of commission office assistant Amanda Thaxton and a related investigation into whether it gave Democratic gubernatorial candidate Lt. Gov. Beverly Perdue preferential treatment …

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …

If we have to lay off employees, is severance pay mandatory?

10/24/2008

Q. Our company is about to have a layoff. Are we required to pay severance to the employees we lay off? …

Must we recall laid-off employees if the economy turns around and conditions improve?

10/24/2008

Q. If we lay off an employee, are we required to recall the employee at a later time if we have work? …