Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 455
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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Are you relying on company rules or the employee handbook to justify a disciplinary action such as a suspension or termination? If so, make sure you keep a copy of the handbook as it existed at the time of your decision. This is particularly important if you maintain the handbook in electronic form ...

When an employee is threatening to file a lawsuit against your organization, it’s natural to feel angry, betrayed or even hurt. But don’t react. Instead, tell him that the decision is his, and you’ll treat him just the same as you always have—lawsuit or no lawsuit ...

North Carolina employees have 180 days to file discrimination complaints with the EEOC. Those who don’t meet the deadline lose their rights to sue. But the date that really counts is not the actual termination date if the employer informed the employee earlier that she would lose her job ...

Incentive-pay programs and bonus plans are very common in North Carolina and sometimes constitute a significant portion of an employee’s pay. But if a dispute develops, the employee does not have a claim for breach of an employment contract. Instead, the North Carolina Wage and Hour Act (NCWHA) applies. The application of the NCWHA, which contains notice and nonforfeiture requirements, often takes employers and employees by surprise ...

Q. I always hear North Carolina is a “right to work” state. Does that mean there are limitations on how or why I may be fired? Does that have anything to do with “employment at will”? ...

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? ...

Q. Our company recently offered a job to a highly skilled software designer. Upon offering the worker a position, she informed us that she had accepted a similar position with one of our competitors. However, she told us that she would rather take our offer. What should we do? ...

When it comes to settling New Jersey employment lawsuits on the eve of trial, be forewarned: Understand all the terms of the agreement before you tell the court the matter is settled. Don’t expect to come back to court for a do-over when you later can’t agree on some of the terms. In New Jersey, a deal is a deal—even if it isn’t in writing ...

Employees who blow the whistle on corporate misdeeds have extra time to file retaliation complaints under the Conscientious Employee Protection Act (CEPA), thanks to a recent ruling by the New Jersey Superior Court, Law Division ...

In May 2007, the U.S. Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc., a case that limits the potential liability of employers in wage discrimination claims brought under Title VII. New Jersey employers should bear in mind that Ledbetter was decided under Title VII—the federal statute governing employment discrimination claims. Although New Jersey state courts often look to federal decisions for guidance, it is uncertain how Ledbetter will be applied in a state court action involving the New Jersey Law Against Discrimination ...

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