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Terminations

A better term for ‘Probationary’ periods

02/01/2008

Q. Our company has an initial 90-day probationary period for all new employees. Our employee handbook clearly describes the probationary period and also contains an introduction stating that the company has the right to terminate its employees at any time with or without cause. Our attorney recently informed us that the two provisions may be inconsistent and recommended that we delete the handbook’s reference to a probationary period. Should we follow her advice? …

Colorado Employment Security Act

02/01/2008
Colorado’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The Colorado Department of Labor & Employment (CDLE) administers the Employment Security Act through its Division of Employment and Training …

Colorado Wage Payment and Collection Act

02/01/2008
The Colorado Wage Payment and Collection Act seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. The law covers all Colorado private employers, even those with only one employee …

Stick with measurable, objective standards when discharging

02/01/2008

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics …

Associate loses temper, job and now lawsuit against DLA Piper

02/01/2008

Charlene Morisseau, a litigation associate in DLA Piper’s New York City office, lost a $250 million race discrimination lawsuit against the law firm. Morisseau joined the firm in 2003 and was fired in less than a year …

The old ‘Pot in the meatballs’ trick fails again

02/01/2008

A New York City Police Department counterterrorism detective said he failed a drug test in 2005 because his wife spiked his meatballs with marijuana …

An age-Old problem: ‘Stray remarks’ have a way of coming home

02/01/2008

Conventional wisdom has been that isolated or “stray” remarks alone by an employer do not prove discriminatory intent. Conventional wisdom may be wrong. A recent 2nd Circuit Court of Appeals case (Tomassi v. Insignia Financial Group, Inc., 478 F.3d 111, 2007) has clarified what it deemed a misconception of the true meaning of the term “stray remarks”  …

Litigious worker criticizes company? You may be able to fire

02/01/2008

Employers can’t discipline employees for filing discrimination claims with state or federal agencies. That’s retaliation. But what if an employee is spouting off to co-workers and customers about how he’s suing to “get” the company? …

Do you have a ‘No lying’ policy? It could be a legal lifesaver

02/01/2008

If you don’t have one, consider adding a general honesty or misrepresentation clause to your employee handbook. Such a clause can come in handy when you are looking for a solid reason to discharge someone who just isn’t being upfront and honest with the company, but technically may not have violated a specific work rule …

Having dispute in ‘Grievance’ does not stop lawsuit deadline

02/01/2008

All employers with a unionized work force, take note: Just because someone has an age discrimination claim awaiting resolution under your collective bargaining agreement’s grievance procedures doesn’t mean the employee can’t prepare to file a lawsuit. In fact, the employee may have no choice but to go forward …