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Wrongful Discharge

WARN Act Liability

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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What You Need to Know About Lawful Waivers of Age Discrimination Claims

March 3, 2009
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
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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Doing Layoffs the Right Way

Not surprisingly, layoffs often lead to lawsuits for wrongful termination. And while some may say that lawsuits are an inevitable part of doing business, there are ways to minimize the risk of litigation that so often accompanies layoffs. Here are some guidelines for this difficult process.
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TOOL Retaliation Not Allowed

November 11, 2008
The U.S. Equal Employment Opportunity Commission's Web site page on ‘Retaliation’ details what by law is considered retaliation against an employee who files a charge of discrimination, participates in a proceeding investigating a claim of discrimination or otherwise opposes discrimination.
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The Right Things to Do to Avoid Wrongful Termination Claims

October 23, 2008
What can your company do to reduce the risk of employment claims that may arise from necessary terminations? It’s nothing different from what most companies do day in and day out. But now, more than ever, it is important to be consistent and mindful of the process when it comes to making these difficult decisions and taking action.
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