More and more employees and applicants are filing their own lawsuits and acting as their own attorneys. Traditionally, courts allow these pro se litigants a great deal of latitude simply because they don’t have legal experience. If the following case is any indication, courts are getting tired of the additional drag on their dockets and have begun dismissing lawsuits when it becomes clear a pro se litigant has no case.
In many states, including New York, employees have 180 days following an allegedly discriminatory act to file charges with either a state or local discrimination agency. They have 300 days from the allegedly discriminatory act to file with the federal EEOC. But what if the employee files her state claim too late?
Having complete records of why you disciplined an employee often gives a court the information it needs to decide whether you’ve discriminated—or even retaliated against someone who has leveled serious charges against you.
When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.
OSHA is suing the East Harlem Council for Community Improvement for allegedly retaliating against an employee who complained about unsafe working conditions.
Site Selection magazine ranks New York 22nd in the nation when it comes to business friendliness. North Carolina was rated the most business-friendly in the United States, followed by Tennessee, Texas, Virginia and South Carolina.
One reason employers have handbooks is to protect themselves from surprise allegations of harassment. Without a handbook, they are left with having to show that employees knew how to complain. That’s tough if there’s no documentation that you told them how.
It happens quite often: An employee you fired for rock-solid reasons sues … and sues … and sues some more. Once a former employee gets lawsuit-happy, there’s no telling how far the litigation process will go. But now there’s good news. State and federal courts are tossing out such cases almost as fast as they come in the door. Appeals courts, too.
Employees seem to think they are entitled to a perfect workplace, free from any conflict or unpleasantness. But that isn’t true. Heck, it’s not even possible! Courts rarely indulge such claims. They’d rather sort out real discrimination and harassment cases, not waste time on hypersensitive employees.
Pennsylvania construction firm Glenn O. Hawbaker Inc. has settled a suit with a Tyrone, N.Y., man after it refused to hire him for a backhoe operator position.