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Terminations

Does your organization need insurance against employee lawsuits?

07/01/2008

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

A funny thing happened while you were out of the office

07/01/2008
Huntington Township Assessor Joan Stoffel has filed a lawsuit claiming a new state law that phased out elected township assessors is unconstitutional. Stoffel is seeking class-action status on behalf of more than 100 township assessors …

How long must we retain employee records?

07/01/2008
Q. How long should a company keep its basic employment records once an employee has been terminated? …

Seasonal work, temps and 1099 status: Are we liable for unemployment comp?

07/01/2008
Q. We hire seasonal temps and have them sign a policy that says their employment will end on a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? …

Lack of ‘Potty parity’ can spark discrimination claim

07/01/2008

It may sound trivial, but employers in male-dominated industries should take note: Make sure your female employees have access to equal restroom facilities that meet women’s needs. Don’t expect women to adopt male restroom habits. 

Deflecting cupid’s arrow: Should you even try to prevent interoffice dating?

07/01/2008
Office romances may start off hot, but they can quickly cool down into disputes, hard feelings and even lawsuits. Don’t put a complete ban on romantic relationships between any co-workers. It’s unrealistic and impossible to police. Instead, prohibit dating between employees who report directly to one another …

Don’t let trumped-Up excuses prevent sacking bad worker

07/01/2008
Employees who fear their jobs are in danger often try to find some way to protect themselves from being fired. For example, the employee will suddenly report sexual harassment, take FMLA leave or claim he or she has a disability that needs accommodation. Don’t dismiss those claims without an investigation …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

Bad behavior was the kiss of death for Passaic employee

07/01/2008
Janice Keels joined the Passaic municipal payroll as a judiciary clerk in 1999. Almost immediately, her supervisor noted that she had poor interpersonal skills. For example, Keels complained in May 2000 about a co-worker, saying she would hit her if she had to, and repeating, “I’ll hit her” …