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Wrongful Discharge

Are You Prepared to Deal With Expanded Anti-Retaliation Laws

May 14, 2009
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The job of the human resources practitioner in dealing with the anti-retaliation provisions of the various federal employment laws continues to get a lot harder. Not only are the actions that constitute retaliation a lot more difficult to pinpoint, but the description of those that come within the proscriptions of the various anti-retaliation laws has now been expanded—most recently by a January 2009 U.S. Supreme Court decision.
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'Faltering Business Defense Under WARN Act

May 7, 2009
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Employers are advised that to qualify for the 'faltering business' exception, employers are required to actively seek financing prior to the 60-day written notice period required by the WARN Act.
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Supreme Court Reverses ID Theft Ruling; DHS Targets Employers

May 5, 2009
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Justices rule that an immigrant could not be charged with aggravated identity theft if he wasn’t aware he was using a U.S. citizen’s information. Days before, the DHS issued new work-site enforcement guidelines targeting employers.
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A Behavioral Leadership Approach to Workplace Problems

April 23, 2009
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Commentary: Most organizations that are concerned about increases in litigation, EEOC charges and potential union organizing activity look at each area of new or enhanced risk and devise separate strategies to address them. But they often are attacking the symptoms, not the real and very common problem: leadership misbehavior. Here is a more holistic approach to the workplace issues that keep you up at night.
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WARN Act Liability

April 16, 2009
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An employer’s plant closing or mass layoff occurring before the conclusion of the WARN 60-day period may not violate the law if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required.
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Former McDonald’s Worker Files Retaliation Suit Over Executive Pay Disclosure

March 31, 2009
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The ex-employee says she was fired for raising concerns about the chain’s disclosure of its executive pay. The suit alleges McDonald’s tried to conceal payments for an executive’s country club memberships and the severance of another high-ranking executive on its 2007 proxy statement.
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Banker Says He Was Fired for Executive Pay Stand

March 26, 2009
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A banker has sued Citizens Republic Bancorp, saying he was fired for questioning a $7.5 million bonus for the company’s chief executive on the eve of a federal bailout payment.
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TOOL Navigating the Law Regarding Layoffs

March 4, 2009
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If employers aren’t careful, they could face legal compliance issues when it comes to layoffs, says a provider of labor and employment law information and services.
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What You Need to Know About Lawful Waivers of Age Discrimination Claims

March 3, 2009
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To have a valid release of claims under the Age Discrimination in Employment Act, employers must comply with several technical requirements. Courts consistently have stated that these requirements are ‘strict and unqualified,’ and if an employer fails to meet any of the statutory requirements, the waiver is ‘ineffective as a matter of law.’ Here is an outline of what companies must do to comply.
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Best Practices in Documenting Employee Discipline

January 15, 2009
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If companies use performance as one criterion for layoffs, it’s critical that employee discipline and performance issues be carefully documented. The documentation may help the employee realize that certain levels of performance or kinds of behavior are unacceptable and can help employees change their performance or behavior in the future. Documentation also acts as an insurance policy for the company.
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