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Employment Law

Waitress: Cipriani restaurant is hostile to women

01/01/2008

A waitress has sued Cipriani restaurants and a dozen male employees, claiming they subjected her to a stream of degrading comments about women. Lastenia Amparo Torres, who works at Harry Cipriani in the Sherry-Netherland Hotel in Manhattan, said the harassment began when she joined the restaurant in 2000 and hasn’t let up since …

Hollywood on the Hudson: Shrink says he was forced out

01/01/2008

A psychiatrist has sued Columbia University, saying a colleague undermined his work in a Machiavellian effort to force him out. Dr. Peter Jensen, former director of the Center for the Advancement of Children’s Mental Health, claims Dr. David Shaffer, director of child psychiatry, falsely impugned his work …

Require HR review of disciplinary records before discharge

01/01/2008

Nothing will send a discrimination case to trial faster than obvious unequal treatment of employees. That’s why it is important to have someone in HR do a complete review before the company discharges someone for poor performance or rule violations …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Whistle-Blowers must first pursue claims administratively

01/01/2008

Federal employees who report alleged wrongdoing by the agencies they work for are entitled to special protections for their whistle-blowing actions. But they also have obligations—if they believe they have suffered retaliation, they must bring an administrative claim before the U.S. Merit Systems Protection Board before filing a lawsuit in federal court …

Wellness program: Can you require employees to join?

01/01/2008

A “perfect storm” of an aging work force, escalating health care costs, more obese and sedentary employees and a looming shortage of skilled workers could drive organizations to make their wellness programs mandatory within a few years …

You don’t have to raise arbitration at the EEOC stage

01/01/2008

If, like many employers, you would rather avoid litigation by relying instead on arbitration to settle workplace disputes, you probably know that employees still may take their claims to the EEOC. That’s because the agency claims an interest in knowing whether employers are following the nation’s anti-discrimination laws. But it’s perfectly legal to force an employee into arbitration over those same claims …

Remind supervisors: Neglecting job descriptions, appraisals lead to trouble

01/01/2008

It may be a busy, hectic and crazy workplace, but that doesn’t excuse supervisors and managers from providing updated and accurate job descriptions and documenting job performances. Workplaces that neglect those essential duties face huge lawsuit risks …

Trying to avoid romantic trouble? Make sure transfer doesn’t look like punishment

01/01/2008

Although there is no blanket rule against transferring someone who has been involved in a romantic relationship with a co-worker, make sure the transfer benefits the transferred party and can’t be viewed as punishment. Otherwise, the transferred employee may claim retaliation …

DaimlerChrysler prevails on sexual harassment charges

01/01/2008

A woman who worked in DaimlerChrysler’s Toledo machining plant lost her sexual harassment case against the company partly because of a sound employment agreement—and partly because the company responded appropriately to her complaint …