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Terminations

Never on Sunday if employee claims religious need

10/01/2007

The U.S. Justice Department recently settled a complaint with Palm Beach County to accommodate a park ranger’s request to be given Sundays off so he could attend church and obey the rules of his religious faith …

Watch what you promise: Michigan employment contracts can be oral

10/01/2007

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement. One way to protect your organization is to have all new hires sign an acknowledgment that no oral promises are binding, and that all contracts must be in writing …

Train managers: Sexual-Orientation comments are off limits

10/01/2007

The California Fair Employment and Housing Act bars employment discrimination based on sexual orientation. In fact, the law clearly states, “Freedom from employment discrimination on account of sexual orientation is a civil right.” Make sure supervisors know: Comments about an employee’s sexual orientation simply aren’t appropriate in the workplace. They’ll lead to trouble …

USERRA: An Employer’s Guide to Military Leave Law

09/25/2007
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Independent Contractor or Employee? How to Make The Call

09/18/2007
White Paper published by The HR Specialist ______________________ For years, the IRS has relied on a 20-factor test to determine whether a worker is considered an “employee” or an “independent contractor.” Conferring contractor status on a worker often benefits the employer, who is then not obligated to withhold income tax or to pay Social Security […]

Judge slams brakes on new ‘No-Match’ enforcement rules

09/04/2007

A U.S. District Court judge has issued a temporary restraining order that stops the Department of Homeland Security from enforcing new rules on how employers must respond to no-match letters. A groups of civil liberties and labor organizations filed a lawsuit charging that the agency doesn’t have the authority to use Social Security records to crack down on illegal immigration.

Are Waivers a Cure-All for Employee Lawsuits?

09/01/2007

Q. Is obtaining a legal release from an employee in exchange for severance pay guaranteed to prevent any legal action by that person? —J.S. …

LAD: ‘Reasonable’ accommodation does not mean ‘Permanent’

09/01/2007

Many employees have some type of medical condition or disability that affects their ability to perform their jobs. Employers need to understand their obligations to disabled employees and the rights granted to disabled employees under New Jersey law. A decision recently handed down by the New Jersey Supreme Court clarifies exactly what obligation employers have to accommodate disabled employees under the New Jersey Law Against Discrimination …

Must we deliver final paychecks at termination?

09/01/2007

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. …

Best bet: Always investigate hostile environment claims

09/01/2007

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? …