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Employment Law

Stop class-action train wrecks! Let local offices set salaries and raises

11/07/2008

The worst-case scenario for a large company with operations in many locations: A class-action lawsuit alleging discrimination against an entire class of employees. One way to discourage such massive lawsuits is to let managers at separate locations keep substantial control over setting salaries and raises.

Missed lunch invitations, cramped office aren’t enough to warrant lawsuit

11/07/2008

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

Firing justified if applicant failed to reveal checkered past

11/07/2008

Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.

Employer not liable for worker’s injury caused by co-workers

11/07/2008

In most circumstances, employers aren’t going to be held directly responsible if an employee suffers a physical injury because of something a fellow employee did. Instead, such cases are handled through the workers’ compensation system.

Was color an issue in search for ‘Abercrombie look’?

11/07/2008

Dulzia Burchette, a black former saleswoman for Abercrombie & Fitch, is suing the company, claiming racial discrimination and harassment. Burchette says she was harassed when she came to work at the company’s Fifth Avenue store with blonde highlights in her hair.

New York increases layoff notice requirement to 90 days

11/07/2008

Gov. David Paterson has signed into law the State Worker Adjustment and Retraining Notification (WARN) Act, which increases employers’ obligations to notify workers of upcoming layoffs. The new state law is tougher on employers than the federal WARN Act.

Associated Supermarket execs charged with wage violations

11/07/2008

Two Brooklyn grocers have been charged with underpaying workers by more than $300,000 and falsifying business records. Bienvenido Nuñez, president of the Associated Supermarket in Bushwick, and Martin Duran, vice president, allegedly paid no wages to baggers, who worked for tips …

Class-action suit alleges gender bias at Sterling Jewelers

11/07/2008

The EEOC has filed a class-action gender discrimination lawsuit against Sterling Jewelers in U.S. District Court for the Western District of New York in Buffalo.

Can I fire an employee who is likely to develop a serious disease?

11/07/2008

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?

What can we do if former employee might have taken info to competitor?

11/07/2008

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?