Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Employment at Will

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5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers… Continue Reading

Employers, don’t commit these 5 firing faux pas!

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, Pregnancy
Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your soon-to-be-ex employee? Are you sure about that? Can we talk? Don’t commit these five firing faux … Continue Reading

Four reasons to be careful about contingent workers

Posted in Discrimination, Employment at Will, Harassment, Independent Contractor, Wage-Hour
In our insecure economy, temporary employees and independent contractors allow employers to get the work done while staying flexible enough to survive. But there are abuses, and dangers if employers misclassify workers, or if they keep their "temps" around so long that they become "perms" in reality if not in name. Here are four reasons to be very careful about how you use contingent workers… Continue Reading

3 employer bummers: Veganism a “religion,” ADA interactive process fails, and costly severance mistake

Posted in Americans with Disabilities Act, Civil Procedure, Discrimination, Employment at Will, Family and Medical Leave Act
A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!… Continue Reading

Don’t let that employee probationary period lull you into a false sense of security

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Protected Concerted Activity
Employers, are you expecting too much from your "probationary period"? Most employers have a 90-day "probationary period," and if you believe what's in their policies, they can fire an employee for any reason during that period -- no ifs, ands, or buts. But, is that correct… Continue Reading

5 reasons for employers to “hold their fire” on dismissal of employment suits

Posted in Civil Procedure, Discrimination, Employment at Will
Defense lawyers often try to dismiss employment lawsuits too early, costing their clients time, money, and sometimes the good will of the judge, which is never a good thing. Here are five reasons why an early motion to dismiss may not be in your best interests as an employer. Our "no legalese" guarantee still applies… Continue Reading