Archive for April, 2010

Trade Secrets, Confidential Information, and Employee Theft

April 29, 2010 at 9:00 pm by: Missouri Employment Law Letter

by John Vering
A recent national survey found that 59 percent of employees who quit or were laid off or terminated in the last 12 months admitted to stealing company data, and 67 percent admitted to using their former employer’s confidential data to find a new job. Read on to learn what you can do to [...]

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

April 29, 2010 at 9:00 pm by: New Mexico Employment Law Letter

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning.
HR Guide to [...]

Health Care Reform and Workers’ Compensation

April 22, 2010 at 9:24 pm by: Alabama Employment Law Letter

by Donald M. Harrison
Will health care reform affect workers’ comp? Even though the term “workers’ compensation” isn’t mentioned in the bill, I anticipate both direct and indirect effects on workers’ comp. Most of the consequences are unknown at this time and may not be known for several years, but two direct results are already clear:

Was Termination Because of Poor Performance or Age Discrimination?

April 22, 2010 at 9:01 pm by: Georgia Employment Law Letter

by Isabella Lee
The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case before [...]

Do Your Benefit Plans Violate the ADEA?

April 15, 2010 at 9:02 pm by: Virginia Employment Law Letter

by Stephen Stine
We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit plans [...]

Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

April 15, 2010 at 9:00 pm by: Employers State Law Alert

by Lorraine Yeomans
The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana.
On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine signed the [...]

Alcoholism and ADA, FMLA Liability:What Employers Need to Know

April 8, 2010 at 9:00 pm by: Indiana Employment Law Letter

by Brian Burbrink
According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability under [...]

Calculating How Much FMLA Leave an Employee Has Available

April 8, 2010 at 7:55 pm by: Texas Employment Law Letter

As we all know, the Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period. Employers are allowed to define the 12-month period any way they wish — much like they are entitled to define the seven-day period that comprises a workweek [...]

Learn Good HR Practices from Sports Superstars

April 1, 2010 at 9:00 pm by: Minnesota Employment Law Letter

Reading about sports superstars can provide HR professionals with valuable insight into the motivation and behavior of the employees you work with every day.

How Texting Can Get You into Trouble at Work

April 1, 2010 at 9:00 pm by: HR Insight

Has texting grown up enough to become a corporate communications tool? Are your employees using their company-provided phone, PDA, or smartphone to send text messages? HR professionals, IT leaders, and other executives are pondering the above questions at the moment.
Text messaging is becoming more mainstream. Workers who came to maturity in the age of texting [...]