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Employment Law

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

07/06/2009

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination. Reason: Courts often conclude that it would make no sense for those who hired or promoted someone to turn around and fire that same person for discriminatory reasons.

An easy way to head off retaliation claims: Keep past performance reviews

07/06/2009

Before you decide to throw out old evaluations and files, consider this: An employee may sue and refer back to those evaluations from memory. If she remembers nothing but positive performance reviews until a recent poor appraisal (engineered, she believes, to get her fired), you’ll need to be able to show her employment history wasn’t as rosy as she remembers.

Beware issuing completely negative performance reviews

07/06/2009

Supervisors often come down hard on underperforming employees during regular performance reviews. But sometimes, completely negative appraisals can come back to haunt you if the employee later sues. Juries are more likely to believe that you terminated the employee fairly if you include some positive feedback.

Courts increasingly tough on frivolous litigation

07/06/2009

Recently, courts have begun to fine pro se litigants who file lawsuits that have no chance of success. That should discourage some former employees from suing without the help of an attorney.

Choosing employees for promotion: a 6-step legal process

07/06/2009

HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

OSHA cites Wal-Mart for Black Friday death

07/06/2009

Black Friday had a double meaning at Wal-Mart’s Valley Stream, N.Y., store last year when temporary employee Jdimytai Damour, 34, was trampled to death by stampeding shoppers. OSHA investigated and levied the maximum permissible fine against the store, $7,000.

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

As the Wurld turns: Upstate firm owes $1.2M to 19 workers

07/06/2009

An arbitrator has awarded $1.2 million in back pay and damages to 19 former employees of Wurld Media, Inc. The Saratoga Springs-based Internet startup, which marketed a product similar to iTunes, began having trouble making payroll in 2006.

N.Y. state considers paid family leave

07/06/2009

The state legislature is considering a bill that would require all employers to provide up to 12 weeks of paid time off so employees can tend to very ill family members or take care of newborns or newly adopted children.

Ohio Supreme Court strikes municipal worker residency rule

07/06/2009

In a 5-2 decision, the state Supreme Court has ruled that municipalities may no longer require their employees to live within the municipality’s borders. The ruling upholds a 2006 state law that struck down various “home rule” provisions …