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Employment Law

Skeptical of an employee’s ‘disability’? Ask for certification

02/01/2007

When an employee requests a work accommodation for a claimed disability, the ADA requires you to explore possible solutions with the worker. While you shouldn’t put off those discussions, first make sure the employee meets the ADA definition of “disabled,” thus entitling him or her to accommodation

Crude, foul-mouthed manager can easily spark a lawsuit

02/01/2007

HR professionals beware: Foul-mouthed managers are trouble, and the best policy is zero tolerance …

Train employees to avoid pestering workers who file lawsuits or in-house complaints

02/01/2007

Even if you think an employee’s complaint about alleged harassment doesn’t have legal merit, it makes sense to take steps to stop the offending behavior anyway. Otherwise, if the employee perceives that co-workers are targeting him for more harassment, he can quit and sue

Illegal firing can cancel terms of noncompete pact

02/01/2007

New York companies that require employees to sign noncompete agreements sometimes make deferred compensation conditional on whether the ex-employee actually complies with that noncompete pact. That’s fine, according to state law. But the deal can collapse, as a new case shows

Check cashing ‘convenience fee’ is an illegal deduction under state wage law

02/01/2007

If you force an employee to pay a fee to cash his paycheck, you’re violating the paycheck-deduction provisions of the New York Labor Law …

NYC celebrity restaurateur accused of racism

02/01/2007

Even the stereotypical hot-tempered chef is not immune to labor-law complaints, as Daniel Boulud, owner of the Upper East Side’s four-star restaurant, Daniel, recently learned …

Super Steel settles bias suit

02/01/2007

Glenville locomotive manufacturer Super Steel Inc. settled a lawsuit by black workers who alleged racial discrimination by employees and supervisors. The lawsuit sought $175 million but the settlement amount was not specified …

Westchester County defends shrink-wrap abuse charge

02/01/2007

A learning-disabled man whom Glen Island Park fired filed a federal lawsuit and EEOC complaint against the Westchester County Parks Department alleging that his supervisors restrained him with shrink wrap and set it on fire …

Melville benefits firm settles father/son harassment lawsuit

02/01/2007

Melville-based Comprehensive Benefits Consultants will pay $150,000 to four former employees who alleged the company’s owner and his son subjected them to name-calling, sexual jokes, hugging and grabbing …

JPMorgan Chase settles pair of disability-bias claims

02/01/2007

JPMorgan recently settled a pair of expensive disability discrimination suits …