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Employment Law

Rogue manager’s alleged harassment could cost McDonald’s

07/09/2008
A former McDonald’s employee is suing the Oak Brook-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …

When former employees compete: Getting noncompetes right

07/09/2008
Good employees, especially those in sales or professional services positions, can quickly turn into enemies when they quit. Employers frequently require those employees to sign employment agreements containing noncompete and nonsolicitation restrictions when they start work. However, Illinois courts generally do not favor these kinds of restrictions and will look at them very closely. In fact, our courts are quite likely to rule in favor of employees …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …

You get to decide what punishment fits the crime

07/08/2008
When it comes to disciplining employees who break company rules, courts like to keep their hands off employer decisions—as long as everyone who breaks a particular rule receives the same punishment. But courts rarely have problems with the rules companies create and the punishments companies assign to particular rules …

Make sure hiring criteria include objective elements

07/08/2008
There’s no need to cut out all the subjective factors that go into a hiring decision. Instead, make sure you also include objective measures that can be easily compared, such as education, experience and specific skills. That way, you are more likely to win a discrimination challenge …

Good news: You can rely on EEOC mailing date—Plus 3 days—For time limit

07/08/2008
When the threat of a lawsuit looms, it’s good to know when the threat has finally passed. So when you find out that the EEOC has dismissed a case as unwarranted by sending the employee his 90-day, right-to-sue letter, you do what the regulations seem to imply you can safely do …

Make sure two representatives are present during termination meetings

07/08/2008
Nothing spurs a lawsuit like a discharge, and such cases often boil down to who said what, and when. That’s why it’s wise to have at least two management-level representatives present at all termination meetings—perhaps one supervisor and one HR rep. If the termination leads to litigation, the two people can testify about what happened …

Union claims Big Sky broke contract when it flew the coop

07/08/2008
A group of former employees has filed suit against Big Sky Airlines and its parent company, Minneapolis-based MAIR Holdings, alleging wrongful termination and breach of contract …

Employee should have given firm a chance to stop harassment

07/08/2008
Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …