Month: February 2012

Releases for ADEA Claims

In yesterday’s Advisor, attorneys Chris Anderson and Sarah C. Maxwell provided guidance on Early Retirement Incentive Programs (ERIP); today. their tips for employee releases, plus an introduction to the all-in-one site for HR managers, HR.BLR.com. Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to […]

Early Retirement Plans: Win-Win IF You Follow Rules

ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the negativity associated with a RIF Employees benefit because a portion of that cost savings is passed to retiring workers who can retire earlier than they otherwise might. Anderson, a member of Miller […]

Invalid Releases Mean Employees Keep Money and Still Sue

Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say the attorneys. If they are not, employees probably can keep the money and still sue you. Anderson, a member of Miller & Martin PLLC in Nashville, Tennessee, and Maxwell, […]

Is Happiness the Key to Success at Work?

The other day, a colleague shared a video from TEDx. If you’re not familiar with TEDx, it’s a video site developed by TED, a nonprofit devoted to what it calls “Ideas Worth Spreading.” Anyway, I found the video — which had been forwarded from another person inside our company — quite intriguing. The video is […]

Mo’ Money! Statutory Termination Can Lead to Common Law Damages

By Marisa Victor and Sean McGurran Following a recent decision by Ontario’s highest court, employers across Canada may now be on the hook for more termination pay when nonunion employees are laid off for an extended period. In the recent decision of Elsegood v. Cambridge Spring Service (2001) Ltd. (Elsegood), the court concluded that when […]

Early Retirement Offers: Win-Win IF You Follow Rules

ERIPs (Early Retirement Incentive Plans) achieve a “win-win” for both employer and employees, say attorneys Chris Anderson and Sarah C. Maxwell, but there are legal pitfalls when the rules aren’t followed exactly. ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the […]

Caught Red-Handed and Breastfed

Last night’s episode, Jury Duty, involved scandalous improprieties, shrewd cover-ups, relentless investigations, and dramatic public confessions. Agatha Christie would have been proud, although Scranton’s twist on these themes might have left her a little confused. It took Dwight only a few minutes to dismantle Jim’s lie about having been on jury duty for a full […]

Protect Your Data: Identity Thieves Hit from Where You Least Expect

A 39-month prison sentence was handed down Feb. 1 for an Alabama woman who had pleaded guilty to stealing more than 4,000 patient records from a Birmingham hospital. A federal district court sentenced Chelsea Catherine Stewart to 15 months for wrongfully obtaining individual health information in violation of HIPAA, along with an unrelated bank fraud attempt […]