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5 HR Errors that Leave Companies Exposed to Litigation

By | January 19th, 2015|Categories: Firing Issues, Hiring Issues, Policies & Handbooks, Wage & Hour|Tags: |

These 5 common business errors that make defending an employment lawsuit harder come from the California Employment Law Report, and they are as true on the east coast as the west. In our experience, smaller and middle sized businesses without a dedicated HR person are particularly susceptible to these mistakes.  All depend in one way or [...]

Changing Time(s) for Employment Litigation?

By | January 5th, 2015|Categories: CEPA/Whistleblower, Employment Law News, Firing Issues, Hiring Issues, Law Against Discrimination (LAD), Policies & Handbooks|Tags: |

The New Jersey Supreme Court will review the decision of the Appellate Division in Rodriguez_v._Raymours_Furniture. Why should you care?  Because there is a lot at stake --- for both employers and employees --- in how this case is finally decided. In a nutshell, this is the issue.  Under the NJ Law Against Discrimination, the statute [...]

Seminar on Hiring & Firing for NJ Businesses

By | March 22nd, 2011|Categories: Employment Law News, Firing Issues, Hiring Issues|Tags: |

On April 7, 2011 I will be speaking at a seminar entitled "How to Hire and Fire Without Getting Burned."  The seminar is sponsored by the Somerset County Business Partnership and will run from 8 - 9:30 a.m. in the Partnership's main conference room. Jim Burke from J. Burke Advisors and yours truly will be [...]

Is “Slimebag” Now a Legal Term of Art?

By | November 1st, 2010|Categories: Firing Issues|

Just about every severance agreement nowadays contains a "non-disparagement" clause.  In plain language, that's a provision that is designed to prevent a departed employee from saying unpleasant things about a former employer.  But how to enforce that clause?  There's the rub!  A new case out of Ohio says that calling your former boss a "slimebag" [...]

Wal-Mart Fires Security Guard for Chasing Shoplifter

By | October 22nd, 2009|Categories: Firing Issues|Tags: , , , |

They say that no good deed goes unpunished, and so it seems in this case. A Wal-Mart guard saw a man in the act of stealing golf balls.  He chased the suspect, who pulled a knife and was later arrested, across the parking lot.  In doing so, the guard violated Wal-Mart's policy against chases.   He [...]

Severance Pay: Violence as a Negotiating Tactic

By | July 20th, 2009|Categories: Employment Law News, Firing Issues|

Here's an interesting post from our  northern neighbors at the New York Employment Law Blog.  French workers are trying to persuade their ex-employer to pay them severance by threatending to blow up the factory.  As the post accurately points out, lots of American companies are currently laying off workers without severance, and there usually is [...]

In Sports, Make Sure That A Contract Is Really A Contract

By | June 9th, 2009|Categories: Firing Issues, Hiring Issues|Tags: , |

College coaching is big business.  At many major state universities the highest paid employee is not the president, but the football coach.  With big bucks involved, the Chronicle of Higher Education asks why universities often settle for hastily drafted contracts, or worse, informal writings that may or may not even be contracts.  (If the terms [...]

College Sports: Title IX Sexual Harassment

By | May 5th, 2007|Categories: Firing Issues|

On April 9, 2007 the US Court of Appeals for the Fourth Circuit issued an en banc ruling in Jennings v. University of North Carolina, Chapel Hill.  The decision reinstated the complaint of two UNC female soccer players who alleged that they had been sexually harassed by coach Anson Dorrance while they were on the UNC soccer team, in violation [...]

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