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Employment Law

Princeton cop wins $525K retaliation judgment

08/23/2011

A Mercer County Superior Court jury has awarded a former Princeton police officer $450,000 in compensatory damages—plus $75,000 in punitive damages—after it decided the borough retaliated against him for filing a civil rights complaint. Princeton officials say they will appeal the jury’s decision.

Don’t bury disabled with work while letting others slide

08/23/2011
Re­­mind supervisors: If they pile on the work for disabled employees but not everyone else, there’s probably a disability discrimination lawsuit brewing.

FMLA leave expired? You don’t have to reinstate

08/23/2011
Some employees assume that they’ll automatically return to their old positions after taking FMLA and other leave. That’s not necessarily true. Employers are required to guarantee return only if the employee comes back before her 12 weeks of FMLA leave expire.

Common sense prevails: Simply belonging to protected class doesn’t justify bias lawsuit

08/23/2011
Good news if you have ever worried about a lawsuit from an employee who was passed over for a promotion in favor of someone outside the employee’s protected class. While it’s impossible to guarantee you will never be sued, courts generally look favorably on properly run, fair hiring and promotion processes.

Is that employee really disabled? Making the ADA call requires careful analysis

08/23/2011
Just because an employee takes FMLA leave to deal with a serious health condition doesn’t mean he’s disabled under the ADA—and therefore entitled to reasonable accommodations when he returns to work. Before jumping to the conclusion that a returning employee is entitled to whatever accommodation he requests, ask yourself whether he is, in fact, disabled. What counts is his condition at the time he requests the accommodation.

Experience isn’t the only valid job qualification

08/23/2011

The job candidate with the most experience might also be the oldest applicant. But that doesn’t mean you always have to pick him. You can use other factors as long as none of them hints at age discrimination. The key is to maintain impeccable records showing how and why you chose the candidate you did.

Stink in Clifton leads OSHA to violations jackpot

08/23/2011
What began as an investigation into a foul odor recently turned into something far worse for Safas Corporation, a Clifton company that makes kitchen countertops. OSHA found $135,000 worth of willful and serious violations. None had anything to do with the original stench.

Handbook make-over: 4 guidelines to follow, 5 policies to include

08/23/2011

Each year, new employment laws go on the books and courts write thousands of decisions interpreting old laws. Yet, year after year, HR pros reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago. It’s time for a rewrite. Here’s the guidance you need to get started.

The price of a poorly worded want ad: a cool $1 million

08/23/2011
“Recent college graduates” in their “early 20s and 30s” is how ­Cavalier Telephone described—both orally and in writing—their preference for sales candidates. This overt age bias brought the wrath of the EEOC.

Not all employee online musings are ‘protected’

08/22/2011
While you shouldn’t punish employees who complain about working conditions (pay, perks, supervisors, etc.) on social media sites, you don’t have to tolerate overt insubordination or workers who violate confidentiality rules.