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Terminating Long-Absent Employees: ‘Frustration’ Isn’t Just a Legal Term

By Gulu Punia and Kyla Stott-Jess When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question […]

Humina, Humina, Humina (You on the Witness Stand?)

Don’t terminate without running through this list of hidden problems, says attorney Edward M. Richters. You don’t want to be on the witness stand going “Humina, humina, humina” defending your decision to terminate. Richters comments came at a workplace law symposium sponsored by national employment law firm Jackson Lewis and the Connecticut Business and Industry […]

Hot List: Bestselling “Business Life” books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, September 13, in the “Business Life” section of the “Business and Investing” category. 1. Winners Never Cheat: Even in Difficult Times, New and Expanded Edition by Jon M. Huntsman and Glenn Beck. […]

The Job Stops Here: HR’s Role in Effective Terminations

People who make firing decisions always think they are doing “the righteous thing,” says attorney Edward M. Richters,” but that’s not what counts. How it plays to the judge, the jury, and the EEOC is what counts.” Richters comments came at a workplace law symposium sponsored by national employment law firm Jackson Lewis and the […]

Like Brett Favre, Mark Hurd Takes His Game Elsewhere

I was intrigued to learn this week that Hewlett-Packard had sued to prevent its former CEO, Mark Hurd, from joining Oracle Corp. as co-president. You may recall that a few weeks ago I commented that I thought HP had done the right thing by parting ways with Mr. Hurd after he violated the company’s standard […]

Five Steps to Protect Your Company from Claims under New ADA

by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]

Family Leave and Child Care: Do Your Benefits Match Up?

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Seventy-eight percent of employers allow sick leave to be used to care for sick children, while 62 percent of employers report offering at least one form of assistance for child care to employees, according to a recent survey of Family Leave Practices by BLR®. The survey […]

Will You Pay a Penalty Under PPACA?

In yesterday’s Advisor, we offered Michael P. Aitken’s suggestions for employers reeling from the passage of the Patient Protection and Affordable Care Act (PPACA). Today, more of Aitken’s tips, and an introduction to an extraordinary policy development program. Aitken’s advice came during the Society for Human Resource Management’s (SHRM) recent annual Conference and Exposition in […]

Maine Fire Department Pays $850K to Settle Sexual Harassment Cases

by Daniel C. Stockford The long-running saga of sexual harassment in the City of Westbrook Fire Department has come to an end with large settlement payments to two female firefighters. Under the settlement agreement, firefighter Kathy Rogers is set to receive about $480,000, while her colleague, Lisa Theberge, will receive about $370,000. Rogers and Theberge […]

IRS Issues Guidance on 2011 Health Care Account Changes

On September 3, 2010, the IRS issued guidance addressing the changes made by the health care reform package (the Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010) to the use of certain health care accounts. More specifically, effective in 2011, the health care reform legislation limits […]