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Showing 52 posts in Hiring and Firing.

Dealing with the DOL at Your Door, Part I

February 3, 2014
Posted In Employee Misconduct, Employee Personnel Files, Employment Law, Federal Department of Labor, Hiring and Firing, House Labor and Industry Committee, Human Resource Department, Kentucky Labor Cabinet, Kentucky Wage and Hour Act, Supervisor, U.S. Department of Labor, Wage and Hour

The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be  taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages.  Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >

An Employer’s Duty Re: Jury Duty

November 18, 2013
Posted In Employment Law, Hiring and Firing, Jury duty, Litigation

Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.” More >

Severance Packages and Unemployment Benefits

September 18, 2013
Posted In Employment Law, Hiring and Firing, severance pay, Unemployment Benefits

As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends. More >

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability? Part II

August 7, 2013
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, Employment Law, Hiring and Firing, Obesity, Pennington v. Wagner’s Pharmacy

Our post on Monday detailed background information on a recent decision from the Kentucky Court of Appeals styled as Pennington v. Wagner’s Pharmacy, Inc. Before being heard by the Court of Appeals, the case was heard at the trial court, where the court had to consider whether the plaintiff, Melissa Pennington, was disabled as defined by the Kentucky Civil Rights Act due to morbid obesity. More >

Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?

August 5, 2013
Posted In Americans with Disabilities Act, Employment Law, Hiring and Firing, Kentucky Civil Rights Act (“KCRA”), Obesity, Pennington v. Wagner’s Pharmacy

Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to  discrimination clams. More >

A Checklist for Reference Checks

July 22, 2013
Posted In Employment Law, Hiring and Firing, Human Resource Department, Reference checks, Supervisor

Thorough research during an employer’s hiring phase can prevent undesirable employees from becoming part of a workforce. There is no better way to get an accurate assessment of job applicants than by speaking with people who have actually worked with them. Before picking up the phone, however, potential employers should keep a few things in mind: More >

Contemplate Before You Terminate: Rules of Termination

May 13, 2013
Posted In Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Workplace Discrimination, Harassment and Retaliation

Donald Trump makes it look easy. With a simple statement (“You’re fired!”), the employee gets up and exits the boardroom. And like that, the underachiever is nixed from the show, ushered into a limo, and never seen again (at least, until the “All-Star” season). If only the real world was that easy. The decision to terminate an employee can give any employer anxiety, even if it is undoubtedly for the betterment of the business. This sense of dread is not without warrant; termination can be a legal landmine. Even terminating “at-will” employees requires cautious consideration. You can cover your bases, though, by carefully drafting policies, adhering to procedures, and relying on some common sense. Before any action is taken, review these simple rules that can protect you from a lawsuit. More >

Another Facebook Case, Another Lesson Learned, cont.

By Jaron P. Blandford on May 2, 2013
Posted In Employment Law, Gatto v. United Airlines and allied Aviation Services, Hiring and Firing, Litigation, Social Media

On Monday, you learned the basic facts of a new Facebook/employer-related ruling out of New Jersey. How did the court rule? The New Jersey federal court held that the plaintiff’s deletion of his Facebook account during the discovery phase of litigation did constitute spoliation of evidence. The court considered the plaintiff’s action so egregious that it resulted in an “adverse inference” instruction against him at trial. More >

Another Facebook Case, Another Lesson Learned

By Jaron P. Blandford on April 29, 2013
Posted In Employment Law, Gatto v. United Airlines and allied Aviation Services, Hiring and Firing, Human Resource Department, Internet & Media Law, Litigation

There is no shortage of recent court rulings dealing with implications and consequences of social media. One of the latest comes from a New Jersey federal court and its holding should get employers’ attention. In Gatto v. United Airlines and Allied Aviation Servs., et al., No 10-CV-1090 (D.N.J., March 25, 2013), the plaintiff, Frank Gatto, was employed as a ground operations supervisor at John F. Kennedy Airport. He brought suit against United Airlines claiming that, while he was unloading baggage, a United Airlines aircraft caused a set of fueler stairs (owned by Allied Aviation) to crash into him. Gatto claimed that the resulting injuries rendered him permanently disabled. More >

Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests

February 18, 2013
Posted In Crisis Management, EEOC, Employee Arrests, Employee Misconduct, Employment Law, Hiring and Firing, Human Resource Department

Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >

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