Practical HR Tips, News & Advice. Updated Daily.
In a controversial decision last year, a California Court of Appealruled that you can discharge high-earning employees over age 40and replace them with lower-paid workers, provided your motivationis to save money and not discriminate against older employees. The California Supreme Court recentlyrefused to review the ruling. But now, two important proposalsare pending in Sacramento that would, […]
Although many employers don’t realize it, you can be sued for wrongful termination even if the person quit instead of being fired. That’s because employees can claim they were ‘constructively discharged’ when working conditions become so intolerable that a reasonable person would be compelled to quit. In one recent case, a 56-year-old country club secretary, […]
President Clinton’s sweeping $21.7 billion child care initiative includes $500 million in tax incentives to encourage employers to provide more employer-sponsored child care. Under the plan, which is still subject to Congressional approval, employers would get a 25% tax credit for building or expanding child care facilities. Several other bills are pending in Congress which […]
In a new approach to dealing with leaks of trade secrets, a court barred a high-tech employee from performing any work in his field for two years after he allegedly disclosed confidential documents to a competitor during a job interview. The case involved David Allouche, who worked for National Semiconductor Corporation in Silicon Valley. Allouche […]
An employee who was discovered playing golf while collecting workers’ compensation payments has pleaded no contest to insurance fraud and could face jail time. William LaForge, who was just a few months away from retirement, injured his back when he fell on the steps outside the Daly City high school where he had been an […]
Senator Edward Kennedy (D-Mass) has laid out a series of labor proposals for the coming year. They include expanding the federal family leave law to cover employers with as few as 10 workers; requiring employers to contribute to the cost of health insurance for employees and their families; and increasing the federal minimum wage by […]
Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]
An employee who is being sexually harassed may want to keep matters private because of embarrassment or fear of retribution. She might complain to you, but refuse to reveal names or ask that you not disclose anything she told you. Or you might hear about the harassment from a concerned co-worker because the victim doesn’t […]
Over the past several years, employers have increasingly turned to staffing firms such as temporary agencies and employee leasing companies to supply workers. And according to the federal Equal Employment Opportunity Commission (EEOC), many of these so-called ‘contingent’ workers are female and/or minorities. Employers often mistakenly assume that because temps or other contract workers aren’t […]
Discrimination claims continue to be a very real and expensive problem. One way employers are trying to combat workplace bias is by implementing diversity programs. Although the programs aren’t new, many employers are unaware of the serious hidden legal risks involved with diversity training. In one alarming case, Lucky Stores Inc. ended up paying out […]