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Employment Law

Asking applicants about prior lawsuits is asking for trouble

11/01/2007

It may be natural to want to know whether an applicant has sued former employers. After all, if past performance predicts future behavior, you probably don’t want to end up with a serial litigator on your payroll. But asking about prior lawsuits may be hazardous: You can’t refuse to hire someone just because they sued for discrimination in the past …

Don’t blow off legal papers unless you’re prepared to personally pay back wages

11/01/2007

Does your organization have a process in place for handling legal paperwork? If not, you risk a default judgment that could cost big bucks. If your organization is served with a lawsuit and fails to respond, a court may refuse to let it enter a late defense. And if the organization can’t participate, the court will accept as true everything the employee who is suing says in the complaint …

Reporting suspected harassment doesn’t always equal ‘Protected activity’

11/01/2007

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation …

Animal control officer dogged by prescription revelation

11/01/2007

A Port St. Lucie animal control officer is suing the city after her supervisor wrote a public memo revealing the officer’s use of a prescription drug. The supervisor found legal anti-anxiety pills in the officer’s purse while searching her work truck for a receipt related to a wayward-dog case …

Cocoa faces second discrimination trial for lunchroom noose

11/01/2007

A retired Cocoa water worker, who lost a federal discrimination suit against the city nine months ago, filed again—this time in Brevard County’s 18th Judicial Circuit Court. The lawsuits center on three incidents in which the worker, who is black, says he was subjected to racist comments and taunted by a hangman’s noose …

Janitors sue over union rights

11/01/2007

Janitors working in Miami’s Bayside Mall joined with workers from five states to fight the coercive anti-union tactics of General Growth Properties (GGP) and two of its cleaning contractors. The National Labor Relations Board has sought a rare 10(j) injunction—a federal court order reserved for cases of egregious violations of workers’ civil rights—against the companies …

Tech Data Corp. makes ‘Best Places to Work for GLBT’ list

11/01/2007

Tech Data Corporation, a global IT products provider based in Clearwater, made the list of “2007 Best Places to Work for GLBT (gay, lesbian, bisexual and transgender) Equality,” a ranking of employers’ policies toward GLBT employees …

Transgender firing catalyzes civil rights movement

11/01/2007

South Florida has become the epicenter of the transgender civil rights movement following the firing of Largo City Manager Susan Stanton. It was too much for city leaders to take when Stanton transitioned from male to female. She was dismissed despite a good job performance …

Beware managers who participate in drive to unionize workers

11/01/2007

When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel …

Spirit of anti-Harassment policy more important than details

11/01/2007

Chances are your anti-harassment policy includes instructions for reporting any problems. That’s not enough—you also must make sure the policy is implemented. But don’t worry if circumstances require you to veer slightly from the policy …