Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?
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Articles by Carl Crosby Lehmann
Gray Plant Mooty
Minneapolis, Minnesota
www.GPMLaw.com
Carl.Lehmann@GPMLaw.com
(612) 632-3234
Carl has significant experience in advising employers on personnel matters, drafting employment policies and agreements, and litigating employers’ interests in both administrative and judicial proceedings. Carl’s practice includes advising employers in personnel-related matters, including terminations, discrimination and sexual harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour concerns, voluntary and mandatory affirmative action policies, and insurance issues.
Carl Crosby Lehmann
The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:
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Q. My company provides health care services. Recently, a deaf client said we had to pay for a sign language interpreter. Is that true?
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Q. Our company is sponsoring a community art fair, and several employees have volunteered to help at the event. Do we need to compensate those employees for the time they spend volunteering?
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Q. We are sponsoring an immigrant worker on an H-1B visa. Because of performance issues, we would like to terminate his employment. Can we do this?
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Q. Our company works with proprietary and confidential information. We would like to protect ourselves from having that information get disclosed to competing companies. Are confidentiality agreements enforceable? If so, must they be signed at the start of a new employee’s job in order to be valid?
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Q. Is an employer required to keep a job open for an employee who is out on an indefinite leave due to a workers’ compensation injury? Does the employee have an automatic right to get put back into the same job he was doing right before he was injured?
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Q. We are hearing rumors that one of our employees may be setting up a new business in the same industry in which we operate. That employee has not signed a noncompete agreement. If he is starting up such a business, is that illegal even without a noncompete?
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Q. My company is considering adding a confidentiality notice to our e-mail messages to cover situations in which an unintended person receives our company e-mail. Does this provide any protection?
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Q. My company would like to hire several college students as interns to work on special projects. Because the work has educational value, we are wondering if the internships can be unpaid. Can we do this? …
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