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You’re the Investigator? Juries Have High Expectations
Although most organizations are not particularly sophisticated in their investigation policies and procedures, says attorney Michael Soltis, unfortunately, juries have high expectations, especially for bigger organizations. How good must misconduct investigations be? There is, of course, no exact answer, say Michael Soltis and Allison Bogosian, attorneys at the Stamford, Conn. offices of nationwide employment law […]
Guess Who Got Super Fed Up with His Job(s)!
It takes super nerve to quit a job in these challenging times. But, hey, when you have two jobs, it might seem easier to stand by your principles and resign. That’s what Clark Kent seems to think in the latest issue of DC Comics’ Superman. The Man of Steel is appalled by “how journalism has […]
California: Marijuana Referendum Goes Down in Ashes
by Mark Schickman, Freeland Cooper & Foreman LLP Politically, California bucked the national move to the right, reelecting House Speaker Nancy Pelosi and Senator Barbara Boxer — two poster children for the perceived overreaches of the Obama administration. In the governor’s race, it rejected the claimed business savvy of former e-Bay CEO Meg Whitman, instead […]
Whistleblower Complaints: OSHA Issues Final Rules for Whistleblower Complaints Under the Sarbanes-Oxley Law
In 2002, President Bush signed into law the Sarbanes-Oxley Act, designed to deter corporate corruption and protect employees who blow the whistle on corporate transgressions. Now the federal Occupational Safety and Health Administration (OSHA), the agency designated to handle whistleblower complaints under the act, has released final rules regarding the complaint filing and investigation process. […]
2nd Circuit Reverses Xerox Plan’s Use of ‘Phantom’ Offset
For the third time in eight years, a federal district court decision endorsing Xerox’s pension plan interpretation has been reversed, setting aside judicial deference usually granted to these interpretations under ERISA and moving Xerox retirees closer to winning final benefits. The issue in the case is how an earlier lump-sum distribution to some employees affects […]
FMLA Retaliation or Unauthorized Use of Vacation Time?
By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]
News Notes: Communications With EAP Counselors Are Privileged
Oksana Oleszko sued her employer, State Compensation Insurance Fund, for sexual harassment, racial and national-origin discrimination and retaliation. To help prove her claims, Oleszko asked the court to force State Fund to reveal communications between co-workers and unlicensed counselors in its employee assistance program. State Fund balked, saying disclosure would discourage employees from seeking needed […]
Compensation 2013–Not Where We Wanted to Be
Unfortunately, there’s a place where we hoped to be in 2013, and that’s not where we are, but there are still strategies that will serve us well, says consultant Terry Pasteris. Where We’ve Been First of all, let’s look at where we’ve been, says Pasteris, who is president of TLMP Consulting Group. She offered her […]
Survey Says: More Training Needed for Higher Technical Requirements
Almost half (49%) of Human Resources professionals expect that a higher education level will be required for most jobs within that time frame, according to a survey by the Society for Human Resource Management (SHRM) and Achieve. And 46% said that most jobs today already require a higher education level than a decade ago. Manufacturing […]