Archives

Personnel Records: Court Rules Departing Employees Can’t Take Confidential Documents; How To Maintain Control Of Your Records

When employees are fired or quit under difficult circumstances, they may try to take confidential papers you didn’t intend them to have or see. And if they later sue you for wrongful termination or other employment-related matters, the ex-employees may try to use the records against you. But a new court ruling, along with some […]

Americans With Disabilities Act Update: New Rulings Show The Law Can Protect Employees Who Aren’t “Disabled”; Even Teasing Can Trigger Coverage

When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]

Complaining Employees: Firing Workers Who Use E-Mail To Gripe Is Now Risky

E-mail has fast become an efficient and popular way of communicating in the workplace. But it has also raised legal issues for employers, ranging from privacy problems to possible liability for harassment when employees use e-mail to send off-color messages. Now there’s a new concern: if an employee sends an e-mail message criticizing your personnel […]

Union Organizing: Employer To Pay $1.3 Million For Firing Workers Before Election; Do You Know Your Rights?

Have your employees become discontent, asked for higher pay and better benefits or grumbled about recent management changes? If so, beware-it’s these workers who are most likely to become interested in forming a union. And if this happens, it’s critical that you know exactly what the law allows you to do in response to their […]

Personnel Manuals And Handbooks: Surprising Danger Lurks In Common Disclaimers; A 4-Point Update Checklist

Your employee handbooks and manuals probably state that the policies are not intended to create a contract and are subject to change. This is a common provision employers use to maintain the flexibility to modify their personnel practices and procedures. But now, in a recent case many employers will find startling, one company learned this […]

News Notes: Is Same-Sex Horseplay Harassment When It Involves Heterosexuals?

Same-sex harassment is illegal under California law if the harassment is “because of” a person’s gender. The concept is easy to apply when the perpetrator and the victim are gays or lesbians of the same gender. But is crude behavior by a heterosexual employee against someone of the same gender-such as making sexually explicit jokes […]

News Notes: Study Reports Many Employers Were Sued But Few Had Insurance

Even though employee lawsuits are skyrocketing, most employers don’t carry insurance for employment practices liability, according to a report by Aon Risk Services, an insurance brokerage. Of 2,200 employers from various industries surveyed, 61% said they don’t have insurance. Nevertheless, three-quarters of the respondents reported being hit by an employee lawsuit within the past year. 

News Notes: IRS Extends Electronic Tax Deposit Deadline

The IRS has postponed the deadline for businesses to begin making payroll tax deposits electronically until the beginning of next year. The agency backed off the original July 1, 1997, deadline because of pressure from Congress and complaints from smaller employers that they were having trouble complying. Now, if your company pays more than $50,000 […]

News Notes: Electronic Surveillance Common In The Workplace

A new American Management Association survey reveals that 63% of mid- and large-sized U.S. firms monitor their employees. Financial sector employers utilize electronic observation the most, and manufacturing companies use it the least. According to the report, 35% of the employers surveyed record employees’ phone calls, review voice mail, check computer files and e-mail, or […]