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Terminations

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …

Accommodate religious requests; don’t debate ‘sincerity’

01/01/2005
Issue: Accommodating employees’ religious beliefs and practices even though you question their legitimacy.
Risk: You’ll waste time (and potentially spark a lawsuit) by challenging a person’s religious sincerity.
Action: …

‘Equal-opportunity harasser’ defense may not save you in court

01/01/2005
You may think that if an employee subjects both male and female co-workers to the same offensive conduct, employees of neither sex can file a sexual-harassment lawsuit.
In past cases, …

Use ‘restrictive covenants’ to limit damage from staff defectors

01/01/2005
You were annoyed last week when your company’s sales manager quit. He’d been in that job for 15 years and didn’t give any notice. But today, four of your best sales …

Enforce use-it-or-lose-it vacation with a clear policy

01/01/2005
Issue: How to handle employees’ vacation leave left over at year-end or when they leave your employ.
Benefit: A clearly written policy can protect you from disputes and unnecessary compensation. …

Preventing harassment: not a ‘one and done’ deal

01/01/2005
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Unemployment claim hangs on seasonal staff duration

12/01/2004

Q. If our company hires seasonal employees for the holidays and then releases them after the Christmas rush, are we responsible as the last employer that will have an unemployment insurance claim placed against it? —B.B., New York

You can enforce no-weapon policy in parking lot, too

12/01/2004
A recent court ruling shows that your organization has the right to enforce its anti-violence policy anywhere on its property, not just within its walls. The case: Security cameras caught three …

Inability to ‘get along with others’ may qualify employees as disabled

12/01/2004
Perk up your lawsuit radar if you (or one of your organization’s managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following …

Apply ‘fashion police’ rules evenly to avoid discrimination complaints

12/01/2004
When it comes to enforcing your organization’s dress code, consistency is the name of the game.
As the following case shows, you can’t prevent employees from wearing union-related shirts, hats …