Fraud In The Hiring Process
Songstad & Randall
A California court has recently expanded an employer's liability for fraud in connection with representations made .
Courts Refuse to Enforce Arbitration Agreements
Carole M. Ross of Sheppard Mullin Richter & Hampton LLP
This article provides a discussion of unenforceable arbitration agreements through an analysis of two California cases.
"Sense and Sensibility": Legislative Amendments to the California Labor Code's Private Attorneys General Act
David J. Murphy of Morrison & Foerster LLP
The California Legislature, in a burst of "common sense" in its treatment of employers, has amended California's "bounty hunter" law to eliminate some of its more onerous provisions. These amendments, known as Senate Bill 1809, revise and amend the Labor Code's Private Attorneys General Act (Labor Code § 2699) ("Act"), which has been making headlines again as a key issue in California's budget standoff. The Legislature struck a compromise and agreed to make major revisions to the Act in order to clear the way for the budget.
Employment Contracts--When Do You Have One?
John H. Chambers of Jordan Schrader Ramis PC
Oregon law has long followed the general rule that an employer may terminate an employee "a.
Consumer Frequently Asked Questions
Law Office of Robert Malin
QUESTION 1. A car salesman convinced me to buy a new car last night. I just cannot afford it. Don't I have th.
What Are The Benefits Of Having An Employment Contract?
Mansfield, Tanick and Cohen, P.A.
A written employment hiring contract may be the employee's most powerful vehicle for altering the normally rather o.
Does a Social Security Mis-Match Letter Obligate an Employer to Re-Verify an Employee's Employment Eligibility Status? MaybeÃÂ
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
Because of a recent change in government policy, however, SSA is now sending mis-match letters to employers whose wage reports reflect any mismatch with SSA records. This means employers nationwide are far more likely to receive such letters than in prior years.
Employee Handbooks: Are They Still Effective?
Jay A. Zweig of Gallagher & Kennedy, P.A.
The Arizona Supreme Court has ruled that employers may not change employee handbooks or other personnel policies, u.
Beware of Wage and Hour Class Actions
Jeffrey J. Droubay of Parsons Behle & Latimer
In October 2001, Perdue Farms, Inc., a chicken processing company, paid $10 million to a group of its employees to settle a lawsuit.ÃÂ The suit was premised upon a simple, yet costly proposition:ÃÂ Perdue had failed to compensate its employees for the time that they spent putting on, taking off, and cleansing their sanitary equipment.
What Rights Do At-Will Employees Have?
Mansfield, Tanick and Cohen, P.A.
Most employees in this country are known as "at will" employees. This means that they can be terminated or otherwi.
Do's and Don'ts For Preventing Employee Theft
McGuireWoods LLP
This article provides recommendations on how to prevent employee theft in the workplace.
Employment At Will In Georgia
Kay A. Giese of Kay A. Giese, P.A.
It happens more often than people like to think. The boss calls an employee into her office for a meeting.
Layoff Checklist
W. Mark Gavre of Parsons Behle & Latimer
With the economy booming and unemployment low during the last few years, many companies struggled to keep and attract employees. Now with the dot-com bust and the economy on the verge of recession, companies are striving to cut costs and reduce employees. Companies now risk lawsuits from laid-off employees unhappy with their treatment. Consequently, employers should carefully consider the legal risks they face before conducting layoffs. Below is a list of topics to keep in mind.
How to Hire the Best and Brightest
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION "I don't hire anybody not brighter than I am. If they're not smarter than me, I don't need them." - .
Managing the Borderline Employee.
John W. Hamlin of Paul, Hastings, Janofsky & Walker LLP
Borderline employees must be managed resourcefully to maximize the possibility of rehabilitating them, if that is management's goal, or to minimize the potential for litigation in the wake of termination.
Offer Letters
Burns & Levinson LLP
In an effort to bind employees to certain duties without creating an employment contract, many employers are sending offer letters setting forth the terms and conditions of an employment relationship and requiring employees to sign them to show their acceptance of such terms and conditions. However, in doing so, employers may be binding themselves to certain obligations to which they never intended to be bound. Northeast Real Estate Services, LLC was one such employer.
What Should I Take Into Consideration Before Terminating an Employee?
Ryan, Swanson & Cleveland, PLLC
When the personnel department looks at a request for termination, it must fit the questions considered to the circu.
Guidelines to an Effective Termination
Alicia J. Farquhar and Jill Marsal of Wilson Sonsini Goodrich & Rosati
This article reviews the appropriate factors an employer should consider in assessing whether to terminate employment.
Understanding the Law
Missouri Bar Center
This brochure lists the various printed materials available from The Missouri Bar, and includes an order form.
Illinois Appellate Court Invalidates Handbook Disclaimers
Ford & Harrison LLP
In 1987, the Illinois Supreme Court ruled in Duldulao v. St. Mary of Nazareth Hospital Center that under certain ci.
Employment and Labor Audits
Duff, White & Turner, LLC
Recent record jury verdicts and settlements in employment lawsuits have received a lot of publicity, and most emplo.
The New Bounty Hunter Law and its Recent Reforms
Farella Braun + Martel LLP
On January 1, 2004, the Labor Code Private Attorney General's Act went into effect. Signed by Governor Davis on October 12, 2003 as Senate Bill 796, this statute created a private right of action for employees to enforce any provision of the Labor Code, with the exception of a few workers' compensation provisions. Codified as Labor Code § 2698 et seq. ("Section 2699"), this law authorized any employee to bring a civil action against his or her employer on behalf of himself or herself and others, and to collect attorneys' fees, for employment law violations that are not cited by a governmental agency.
Legal Department Priorities and Time Allocation: Who's In Charge?
Andrew Zangrilli of FindLaw M V
The slogan that corporate counsel live by is: THE COMPANY IS THE CLIENT. But with several--and oftentimes different--interests at the company, which particular party sets the company's legal priorities?
Yes, You Can Still Prohibit Guns in Your Workplace
Tamara Hjelle Olsen of Gray Plant Mooty
Minnesota's recently-passed concealed weapons law raises a host of questions for Minnesota employers. Among the most pressing are whether Minnesota employers are still permitted to prohibit guns in the workplace, and whether new gun safety policies should be adopted. Unfortunately, until Minnesota courts have had a chance to interpret the new law, few answers will be known with absolute certainty.
What Should Be Included In Your Personnel Handbook: Part II
Louis C. Rabaut of Warner Norcross & Judd LLP
This articles discusses the major topics to include in an employee handbook.
Can New Jersey Employers Require its Employees to Arbitrate Discrimination Claims?
Michael Osborne of Stark & Stark
There has been a great deal of controversy between employees and employers regarding the enforceability of arbitration clauses in employment agreements, employee handbooks or job applications. This is especially true when litigating discrimination claims that are governed in New Jersey by the Law Against Discrimination ("NJLAD"), which creates arguably the most expansive statutory rights for employees. New Jersey has seen no shortage of litigation on this issue.
Sword or Shield? Using Employee Handbooks
Fisher & Phillips LLP
With the incoming new year just around the corner, many employers will be "rolling out" new or revised policies and employee handbooks. For many reasons, this timing makes sense. For those considering implementing a handbook for the first time, or those who have not revised their existing handbook in several years but realize the need to do so, the following article is for your consideration.
Do Your At-Will Employees Have an Employment Contract?
Eric B. Johnson of Quarles & Brady LLP
Some Arizona employers may be surprised to learn that their "at-will" employees have employment contracts. The Arizona Employment Protection Act explicitly states that the employment relationship is contractual in nature. This means that even if you do not have a written agreement with an employee, you still have a contract, but it is made up of all the promises, whether verbal or written, exchanged between the parties.
Michigan Becomes the First State in the Nation to Open the Door to Potential Employer Liability for Workplace Identity Theft
Philip L. Gordon and Jeffrey F. Davis of Littler Mendelson, P.C.
With identity theft on the rise, Michigan becomes the first state to enact legislation requiring that every employer maintain a policy for safeguarding employee social security numbers. During the same time frame, a Michigan Court of Appeals became the first appellate court to allow the victims of identity theft to recover damages from an organization that failed to adequately safeguard personal information that was subsequently used for identity theft.
Ring in the New Year with an Updated Employee Handbook
Douglas B. M. Ehlke of Ehlke Law Offices
Employee handbooks serve to communicate personnel policies, workplace rules, benefits, and work standards in an integrated manner. Handbooks provide supervisors and HR personnel with a reference guide for implementing and enforcing company policies and rules. The proper use of handbooks contributes to uniform, consistent, fair treatment of em-ployees.
Documenting Employee Discipline: Developing and Implementing Documentation Procedures To Protect Your Organization
Daniel W. Long of Modrall Sperling
Many managers or supervisors feel that their time would be better spent performing more mission-critical tasks than documenting the ups and downs of particular employees. Although legal counsel and human resources consultants are constantly repeating "document, document, document," many managers and supervisors put off such documentation and give it a low priority.
Sexual Harassment Policy Creates Employment Contract
Ford & Harrison LLP
In a somewhat surprising decision, the Illinois Appellate Court recently ruled that a company's strongly worded sex.
First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees
Amy L. Nash of Littler Mendelson, P.C.
Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail.
Recent Change to Employment-At-Will Doctrine
Kaufman, Payton & Chapa
In Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579 (1980), the Michigan Supreme Court was in the van.
Employment at Will in Pennsylvania: The Basics
Lawrence S. Markowitz of Markowitz & Krevsky P.C.
Since 1891, Pennsylvania has subscribed to the theory of employment at will. Thus, as the.
NLRB Gives Union Partial Victory in Challenge To Employee Handbook
Duff, White & Turner, LLC
Employee handbooks are now the preferred method of communicating company information and distributing policies req.
Surviving An OFCCP Compliance Review
James R. Holland of Fisher & Phillips LLP
The frequency of compliance reviews by the Office of Federal Contract Compliance (OFCCP) is increasing for the nation's construction contractors performing federal or federally assisted work. The OFCCP typically first requests a desk audit, requiring the contractor to send its affirmative action materials to the OFCCP for review. Not every government contractor is required to have a written affirmative action plan.
Tuition Repayment Contract Enforced by Employer
Bodman LLP
Employee training and tuition assistance or reimbursement programs can be very costly. The worth of such programs i.
What Should Be Included In Your Personnel Handbook: Part I
Louis C. Rabaut of Warner Norcross & Judd LLP
This articles discusses the major topics to include in an employee handbook.
Safe Layoffs--A Systematic Approach To Downsizing
David T. Barton and Eric B. Johnson of Quarles & Brady LLP
No one likes a layoff. But if you must reduce your workforce, you can reduce the risk of subsequent lawsuits by applying a systematic approach outlined in the following checklist.
Discrimination Claims May Survive "Reduction in Force" Defense
Dykema Gossett PLLC
Employers laying off employees due to workforce reduction plans are not immune from discrimination claims. In Lytle.
Effectively Ending an Employment Relationship
Dena L. Narbaitz of Steefel, Levitt & Weiss
When an employment relationship turns sour, it is only natural for any employer to think about ending that relationship. Typically, the employer wants to be able to simply move on by having the employee go away. Termination may indeed be the solution, but if not done properly, the employee may continue to remain a problem. Failing to properly handle the termination process can lead to the even less enjoyable experience of defending an expensive lawsuit filed by the former employee Â? whether that lawsuit is meritorious or not.
Notice to Employers: Employment Law Compliance Audits
Smith, Elliott, Smith & Garmey, P.A.
While it is standard practice for most companies to audit business operations to protect their financial interests,.
Protecting Podiatric Medical Practices From Employment Lawsuits
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Employees of podiatric medical practices across the nation are suing their employers. Claims include wrongful disch.
Is It Time For Your Company's Check-Up?
Donald N. Sperling of Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Employers routinely conduct annual, if not more frequent, audits of the financial well being of their business. Unf.
Discriminated Against At Work? Know Your RightsÃÂ
Law Offices of Frederic G. Leeds, P.C.
In New Jersey employment barring a contractual agreement is at "at will." This means an employer may terminate you.
Employment Contracts and Severance Agreements: The Devil is in the Details
Sandra J. Creta and Robert K. Jones of Quarles & Brady LLP
The Arizona Court of Appeals recently decided Swanson v. The Image Bank, Inc., a case that illustrates the importance of getting the details right when dealing with employment documents.
How Not to Hire Employees from a Competitor
Paul J. Kennedy of Littler Mendelson, P.C.
A recent million dollar plus judgment highlights the importance of hiring people for their skills and not for their confidential business information especially when hiring employees working for direct competitors.
The Employment Paper Trail: Using Documentation and Performance Appraisals to Avoid the Potholes
Mark R. Hornak of Buchanan Ingersoll & Rooney PC
INTRODUCTION Employment documentation begins well before an individual comes to work for you, and it continues aft.
South Carolina Supreme Court Rules that Verbal Job Promise Did Not Create Employment Contract
Duff, White & Turner, LLC
The South Carolina Supreme Court has decided that a supervisor's alleged promise that an at-will employee would ha.
MI Court of Appeals Rejects Prospective Arbitration Agreements Involving Civil Rights Claims
Dykema Gossett PLLC
In Heurtebise v Reliable Computers, Inc., (1994) the Michigan Court of Appeals ruled that, by placing mandatory arb.
Washington is an At-Will State -- Isn't It?
Karen Sutherland of Ogden Murphy Wallace, P.L.L.C.
Under most circumstances, Washington is an at-will state, but there are exceptions that attorneys who advise employers or employees should be aware of. These exceptions have developed over time and are still evolving.
Are You A "Best-Workplace" Employer?
Workplace Resolutions, Ltd.
In the past year, how many employees have voluntarily left your company? Have you had any charges or complaints.
North Carolina Supreme Court Finds No Exception to Employment-At-Will Based on New Employee's Relocation
Duff, White & Turner, LLC
In Kurtzman v. Applied Analytical Industries, Inc., the North Carolina Supreme Court recently overturned a jury's .
Self-Audits Of Employment Practices
John C. Cashen of Bodman LLP
A. Introduction With the complexity of statutes and regulations affecting the workplace, every employer can bene.
Michigan Supreme Court Clarifies Burden of Proof in Discrimination Cases
Bodman LLP
One year ago we reported on the Supreme Court's decision in Lytle v Malady. Plaintiff in this case had asserted, ba.
NLRB Targets Employee Handbooks
Littler Mendelson, P.C.
In a recent trend that should concern both union and non-union employers alike, unions have been extremely active in challenging the legality of seemingly innocuous language commonly found in employee handbooks.
Procedures To Reduce the Risk of Litigation and Liability for Discharges
Kevin Lilly and Enrique L. Muoz of Littler Mendelson, P.C.
Through a case study this article warns companies that their liability insurance may not cover them in employment related lawsuits and gives advice on how to limit liability in such cases.
Preserving the At-Will Relationship
Gabrielle M. Wirth of Brobeck Phleger & Harrison LLP
Here is a discussion relating to retaining at-will employment status.
South Carolina Supreme Court Rules After-acquired Evidence of Employee Misconduct May Bar Breach of Contract Lawsuit
Duff, White & Turner, LLC
In Lewis v. Fisher Service Co., a January 1998 decision, the South Carolina Supreme Court held that "after-acquire.
Despite Victory for Employer, NLRB Decision Reminds Employers That Improper Handbook Language Can Overturn Election Results
Michael Mankes and Laurie Drew Hubbard of Littler Mendelson, P.C.
Although declining to overturn the results of a representation election in Delta Brands Inc., the NLRB's decision serves as a warning to employers that the Board will continue to scrutinize workplace policies and rules contained in employee handbooks.
How to Fire Your Best Friend
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION While employment lawsuits arise out of all sorts of circumstances, the event that still triggers most.
Michigan Supreme Court Rules That Tuition Contracts for On-The-Job Training Violate Wages and Fringe Benefits Act
Bodman LLP
The Michigan Supreme Court recently ruled that an employer violated the Wages and Fringe Benefits Act ("WF.
Avoiding An "Implied" Employment Contract Or Drafting A Favorable One: A Primer
Nancy A. Newark of Burns & Levinson LLP
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer?s actions and is binding on the employer - though it may be difficult to prove. Because an implied employment contract may arise during any communication with a potential new hire or employee, it is essential that all employers consider the implications and possibility of creating a binding contract when communicating with potential and existing employees.