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A Comeback Story

Employment law attorney Troy Foster examines the “Stress Relief” episode of The Office, which aired after the Super Bowl. He finds that Dundler Mifflin could be liable to Stanley for the stress Michael and Dwight cause him, to Meredith for Michael’s boorish jokes, and to Oscar for Michael’s weekly homophobic and racist comments Litigation Value: […]

Can Job Descriptions Prevent Lawsuits?

Can job descriptions prevent lawsuits? Actually, they do, in many ways. Lack of clarity is the basis for many lawsuits—e.g., clarity about pay or about the reasons for employment decisions—and many of those suits can be avoided by clearly written, up-to-date job descriptions. Specifically, how do job descriptions protect against lawsuits and money damages? Here […]

How Can Employers Avoid Legal Issues When Firing Employees?

by Gary Jiles Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many employees who belong to […]

Sixth Circuit Affirms Decision to Lay Off Predominantly Female Departments

As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based on gender even though […]

Obama Signs Equal Pay Legislation Into Law

President Barack Obama has signed the Lilly Ledbetter Fair Pay Act into law. The legislation makes it easier for workers to file pay-bias complaints under Title VII of the Civil Rights Act of 1964. The law arose in response to a 2007 Supreme Court decision that said the deadline for workers to file a pay-bias […]

Revisiting General Releases

In brighter economic times, most employers say goodbye to employees only following individual resignations or terminations. But as more and more employers are becoming acquainted with the new “L” word—Layoffs—employees are departing in larger numbers and for different reasons. This makes now a good time to revisit those general releases that employees are asked to […]

Who’s to Blame for Layoffs?

I was speaking with a friend recently. He had worked for a large financial services company and had lost his job the day before our conversation. My friend told me that he hadn’t been surprised by the announcement. In fact, he knew it was coming for some time and was just waiting for his “package.” […]

Responding to This Week’s Job Loss Announcements

The HR Hero Line you are seeing today isn’t exactly what we had planned. But by noon on what is now being called “Bloody Monday,” we knew we needed to address the fallout from so many job cut announcements, which were then followed on Tuesday by possibly the worst unemployment report from the U.S. Bureau […]