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Terminations

Pros and cons of tuition assistance

11/01/2007

Q. I am the HR director of a midsize company. I am currently evaluating additional benefits that my company can provide to help us attract and retain talent. One of our employees suggested a tuition-reimbursement program. Can you describe some of the pros and cons of such a program? …

Is there any requirement to offer vacation benefits?

11/01/2007

Q. Must I offer vacation time to my employees? If I do, must I pay terminated employees for their unused vacation time? …

Must small businesses provide COBRA-Like continuation health coverage?

11/01/2007

Q. My company has fewer than 20 employees. Must my group health insurance policy still provide COBRA-like continuation coverage to terminated employees? …

Delivering bad news? Many bosses hide behind e-Mail

11/01/2007

RadioShack earned a public relations beating last year when it used e-mail notifications to alert 400 employees at its Texas headquarters that they were being laid off. But that practice may be more popular than you think …

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

Make sure firing decision was independent of FMLA status

11/01/2007

What does your organization do when a manager or supervisor recommends a subordinate should be fired? If you simply approve the recommendation without seeking more information, you may be asking for a lawsuit. Here’s why: If the manager’s reasons are illegal—maybe an attempt to punish an employee for asking for or taking FMLA leave—then courts will conclude that your organization shared the manager’s motives …

Employees get benefit of doubt on religious accommodation

11/01/2007

Employees are entitled to reasonable accommodation of their “sincerely held” religious beliefs. Employers face an uphill battle if they want to deny such requests because they doubt the sincerity of their employees’ beliefs. That’s because there’s very little employers can do to get such cases tossed out before they go to trial. End result? Lots of lost time—and lots of attorneys’ fees …