Why You Need To Get Your Story Straight – Always
What’s one of the hardest wrongful termination lawsuits to defend? The one where the “story” of the termination is inconsistent between HR, the manager, and the documentation.
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Inflated Ratings Bring Legal Woes—Guaranteed
Yesterday’s Advisor featured the Four Ms of setting good appraisal goals; today, legal pitfalls in appraisals, plus an introduction to a unique leadership training system. Because poor performance is often advanced as the reason for a termination, the performance appraisal system is often the crux of the defense against a wrongful termination suit. Here’s how […]
Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails
A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]
8 Best Practices for Fending Off EEOC Investigators
EEOC is rattling its unconscious/systemic discrimination saber—and if they target you for an investigation, it’s going to be expensive and annoying, whether you are innocent or guilty. Here are 8 steps you can take to forestall the attack. What are the best practices for keeping the EEOC at bay in a time they’re begun to […]
The Rule Is ‘English only’! Capice?
By Lauren M. Cooper A much-debated issue is whether you may lawfully require employees to speak only English in the workplace. The simple answer is yes. This article will address the circumstances in which you may legally enforce an English-only policy and the potential legal risks that follow. Status Quo Ante Employers increasingly ask employees […]
Background Checks on MySpace—Dangerous or Due Diligence?
Is it now negligence if you don’t do background checks on MySpaceTM and Facebook? “We’re not there yet for every job,” says attorney Joseph Beachboard, “but it’s getting there for sensitive jobs like installers and home care providers.” Beachboard’s comments came at the recent Society for Human Resource Management (SHRM) Annual Convention and Exposition in […]
Complaint on DOT Debit Card Program Could Affect Future QTFB Guidance, Part 1
A private company that provides paper transit vouchers to parts of the federal government for use in its qualified transportation fringe benefits has claimed that the U.S. Department of Transportation is implementing an electronic payment system that does not comply with IRS guidelines in a program that is intended to replace paper transit fare vouchers […]
Unemployment Insurance: President Signs New Law to Prevent Employers from Ducking Unemployment Insurance Tax
President Bush has signed the State Unemployment Tax Act (SUTA) Dumping Prevention Act, a law designed to target employers who abuse the unemployment tax system. Here’s an overview.
Religious Accommodation Versus Gender Equality
By Dominique Launay In the province of Quebec, a woman was asked to leave two different French classes in Montreal. The woman, a recent immigrant from Egypt, refused to remove her face cover. After being allowed to sit at the front of the class (so all men were behind her) and make presentations with her […]
Cut Turnover, Build Retention: Experts Explain How to Do Both
Can you retain your best employees even as competition in the job market stiffens? Sure you can … if you know these turnover-reducing, retention-increasing techniques. When talk turns to turnover and retention, we’ve all heard the gloomy statistics. Of every 10 workers in your organization now, three will retire over the next 10 years. Out […]