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Employment Law

Bias charges false? Discipline isn’t retaliation

08/06/2010

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.

Ohio Supreme Court OKs maternity leave waiting period

08/06/2010
Ruling against the Ohio Civil Rights Commission, the Ohio Supreme Court has ruled that a nursing home’s policy of requiring one year of service before providing maternity leave did not violate state law.

Waiver in handbook prevents contract formation

08/06/2010
Make sure your employee handbook includes a disclaimer specifying that the handbook is not a contract. Then have employees sign that disclaimer, acknowledging that they’ve read it. That way, you won’t accidentally create an employment contract.

Bounced payroll checks? Make good on them right away

08/06/2010

These are tough times, and sometimes businesses run short on cash. Or a banking mistake may result in fees that cause other checks to bounce. If that happens to payroll checks, make every effort to fix the problem as soon as possible. Not only are employees entitled to their pay, some have resorted to suing their employers for bouncing paychecks.

Win discrimination cases by showing that your rules apply equally to everyone

08/06/2010

Rules are no good if you follow them only some of the time. Uneven enforcement can cause lawsuits. If you have rules, enforce them. Drop those you don’t want to enforce. Otherwise, a supervisor may find it convenient to punish someone for breaking a rule that others are allowed to ignore.

Employee being disciplined suddenly gets ‘sick’? Don’t fall for ruse invoking FMLA protection

08/06/2010
This will probably happen to you someday (if it hasn’t already): An employee in the middle of being disciplined suddenly says he’s ill and has to leave work. Then, after being terminated, he claims you interfered with his right to take FMLA leave. Don’t fall for it.

Aggressively investigate harassment claims

08/06/2010

Employees who believe they have been sexually harassed may initially make only vague complaints about conduct that makes them uncomfortable. Then HR professionals have to decide what course to take. Should you launch a full-scale investigation? Or should you take the complaint at face value and ignore it?

In tight times, be prepared to handle whistle-blower complaints

08/05/2010
The sour economy has every company looking for ways to pinch pennies. If belt-tightening turns into illegality, employers can expect employees to alert the authorities. Virtually every law governing the workplace has a whistle-blower provision.

Appeals Court limits reach of N.Y. human rights laws

08/05/2010

In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.

New York among states eyeing worker misclassification issues

08/05/2010

While Congress ponders the Employee Misclassification Prevention Act, several states are studying ways to target employers that misclassify their employees as independent contractors. New York is part of a joint task force studying the misclassification problem.