Archive for the ‘Termination, Discipline’ Category
CONSTRUCTIVE DISCHARGE
When Employers May be Liable for “Causing” a Resignation As an employer, you might assume the company is immune from any wrongful termination claim if an employee quits on his or her own accord. However, a worker may still prove a business is responsible for wrongful “constructive discharge” even when he or she has deliberately […]
BLOOMBERG GENDER DISCRIMINATION CLAIMS DISMISSED
Court Rules Childbearing is a Life Choice Not Entitled to Special Treatment or Extra Benefit A New York federal judge has dismissed the Equal Employment Opportunity Commission’s (EEOC) effort to bring a “motherhood”-based class action suit against financial and media services giant Bloomberg L.P.. The judge found the EEOC failed to demonstrate sufficient common factual […]
AT-WILL EMPLOYMENT AND WRONGFUL TERMINATION
California’s Labor Codes do a lot to protect employees but there are some laws that benefit employers as well. For instance, unless a company and an employee agree otherwise, their relationship is presumed to be “at-will.” As defined, this means there is no promise or obligation of continuing employment. Either the employer or employee may […]
WRITTEN EMPLOYEE ATTENDANCE POLICY
It would seem too obvious to have a policy that workers must show up in order to keep their jobs and to be paid. Perhaps it is, but it’s still not a bad idea to issue clear written directives expecting attendance, specifying work days and working hours, and setting procedures for employees to notify the […]
UNDERSTANDING CHILD LABOR LAWS
Preventing the Summertime Blues (‘Cause There Ain’t No Cure…) Hiring a teen under age 18 involves some essentials: 1. Familiarity with Applicable Laws: Review federal and state laws on teen employment — especially the rules on what types of jobs teens are not allowed to perform. Many small businesses, and especially those just starting out, […]
WORKPLACE AGE DISCRIMINATION LAWS PROTECT “OLD PEOPLE” ONLY
How Old is Legally “Old”? While many might recognize that business cannot use “age” as a criterion for employment decisions, including hiring, promotion, discipline or termination, the federal and California protections actually only apply to persons “of a certain age.” Workers under 40, the relatively “young,” do not have such rights. Employees aged 40 or […]
NO PROTECTION FROM WORKERS’ COMPENSATION REQUIREMENTS
California Employers Must Carry On-the-Job Injury Insurance California businesses must carry workers’ compensation insurance for every employee, even just one. Group or personal health insurance is not a substitute. Workers’ compensation is oldest social insurance program in the U.S., adopted by most states in early part of the 20th century. The coverage is intended to […]
CAT’S PAW BURNS EMPLOYERS
A Workplace Lesson on Confirming Grounds for Termination A hospital lab technician and army reservist sued his employer claiming two of his supervisors openly discriminated against him because of his military status and duties. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to treat military veterans fairly, prohibiting terminations and other […]
SAY “ADAAAAHHH” – MORE PEOPLE TO BE PROTECTED UNDER FEDERAL WORKPLACE DISABILITY LAWS
The Equal Employment Opportunity Commission (EEOC) has issued its final rule, effective May 24, 2011, implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The agency’s directive seeks to cement the ADAAA’s expanded scope of workers protected against disability discrimination. The original ADA (1990) defines “disability” as: a) a physical or mental impairment […]
THE PERILS OF HIRING SUMMER INTERNS
No Free Ride for Employers Who Ignore the Rules With an economy continuing to sputter, a company may be more keen to take on unpaid summer interns to share the workload. Yet, if a business fails to fulfill detailed laws and regulations for such training programs, this supposed “cost-cutting” measure could become an expensive litigation […]