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Terminations

Watch what you say about termination

07/03/2008
It’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate someone. Otherwise, a jury might hear a simple question like, “Can we get in legal hot water for firing someone on disability leave?” as “Let’s find a way to get rid of her!” …

Audit demographics to spot problems before anyone sues

07/02/2008
Sometimes it’s hard to spot employment discrimination problems even when they’re right under your nose. Consider, for example, age discrimination. Audit your hiring and firing records for the past few years. If the people your organization has let go are older on average than those you have hired or retained, chances are there is an age discrimination claim lurking in your HR records …

Need an incentive to settle? How about lower attorneys’ fees?

07/02/2008
Don’t let emotion get in the way of settling a case early on if it looks like the company may be liable. Dragging out the inevitable accomplishes just two things—neither of them good: (1) It adds to the fees you have to pay your own attorneys and (2) the fees you also may end up paying for the other side’s attorneys …

Nassau County SPCA faces sexual harassment suits

07/02/2008
Susan Collison of Massapequa, a former volunteer investigative sergeant with the Nassau County Society for the Prevention of Cruelty to Animals (SPCA), is suing the society, the county and its leadership for sexual harassment, gender discrimination and retaliation … 

Does your organization need insurance against employee lawsuits?

07/01/2008

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

A funny thing happened while you were out of the office

07/01/2008
Huntington Township Assessor Joan Stoffel has filed a lawsuit claiming a new state law that phased out elected township assessors is unconstitutional. Stoffel is seeking class-action status on behalf of more than 100 township assessors …

How long must we retain employee records?

07/01/2008
Q. How long should a company keep its basic employment records once an employee has been terminated? …

Seasonal work, temps and 1099 status: Are we liable for unemployment comp?

07/01/2008
Q. We hire seasonal temps and have them sign a policy that says their employment will end on a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? …

Lack of ‘Potty parity’ can spark discrimination claim

07/01/2008

It may sound trivial, but employers in male-dominated industries should take note: Make sure your female employees have access to equal restroom facilities that meet women’s needs. Don’t expect women to adopt male restroom habits.