Practical HR Tips, News & Advice. Updated Daily.
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, […]
Employer Survey: Most Employers Have A Workplace Violence Policy But Few Provide Training
Soo Cheol Kang, a U.S. citizen of Korean national origin, sued his employer, U. Lim America Inc. for national origin discrimination and harassment under Title VII, the federal anti-bias law. The company argued that it wasn’t covered by Title VII because it only had six employees, rather than the statutory minimum of 15 employees. But […]
The U.S. Department of Health and Human Services has released final security standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for protecting individually identifiable health information. The standards require health insurers and certain healthcare providers and clearinghouses to establish procedures to protect the confidentiality of electronically maintained or transmitted health information. […]
Laura Akers, a deputy district attorney for San Diego County, had an excellent reputation for her work in the El Cajon domestic violence unit. But after Akers became pregnant, she was transferred to a misdemeanor unit. When she complained, her next performance review called her incompetent, inefficient and dishonest. Akers sued the county for gender […]
In a remarkably last-minute fashion, the U.S. Department of Health and Human Services (HHS) has issued final regulations protecting health care providers who withhold medical care based on conflicting moral beliefs. The rule, which covers federally funded health care providers, takes effect January 18, 2009 — the required 30 days after its under-the-wire December 19 […]
The threat of individual lawsuits is growing, and HR managers are right in the thick of it. Here are tactics for avoiding such suits … and an antilawsuit tool you should be using regularly. Yesterday’s Advisor reported on a troubling increase in plaintiffs in employment law cases filing suit against individual managers as well as […]
The U.S. Occupational Safety and Health Administration is offering a “Cold Stress Card” that recommends ways to avoid health problems caused by prolonged exposure to freezing or cold temperatures on the job. According to OSHA, workers in construction, commercial fishing, maritime, and agriculture are at highest risk for these problems, which can include trench foot, […]
It’s common to ask employees who accept early retirement to agree to waive future legal claims against you in exchange for higher pension payouts. But is it legal? Two years ago, the Ninth Circuit Court of Appeal ruled that Lockheed Corporation violated the Employee Retirement Income Security Act (ERISA) when it did just that. The […]