Monthly Archives: July 2010

FORM OF THE MONTH:

EDUCATION REIMBURSEMENT AGREEMENT (PDF) Training is the lifeblood of many companies today; everything from extensive on-boarding to paying for expensive MBA programs. To protect from an employee getting educated and then immediately leaving, many companies use a Reimbursement Agreement such as this one. One caveat: Make sure that your state law and contract allows you… Read more »

WORD OF THE MONTH: ETHOS

The fundamental character or spirit of a culture; the underlying sentiment that informs the beliefs, customs, or practices of a group or society; dominant assumptions of a people or period. What is the ethos of your company?

CLAMPING DOWN ON CREDIT HISTORIES

For many years, we’ve recommended that employers conduct credit histories on all job applicants and post-hire in specific categories. The fact is, someone with a poor credit history is a greater risk than someone who has a good record. However, to protect workers impacted by the recession, Oregon, Washington, and other states have begun passing… Read more »

FAILURE TO INVESTIGATE DOES NOT GIVE RISE TO STAND-ALONE RETALIATION CLAIM

The U.S. Court of Appeals for the Second Circuit (covering Connecticut, New York, and Vermont) has ruled that an employer’s deliberate failure to investigate a complaint of discrimination does not constitute a stand-alone act of retaliation. In Fincher v. Depository Trust and Cleaning Corp., the plaintiff alleged that she complained to a human resources manager… Read more »

THE NLRA AND FEDERAL CONTRACTORS

The U.S. Department of Labor (DOL) has issued a final rule that requires federal contractors and subcontractors to post a notice advising employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector. This notice advises employees of their rights under the… Read more »

FAILURE TO PERFORM ELIMINATES RIGHT TO FMLA LEAVE

The U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) has held that an employee does not have the absolute right to commence FMLA leave. In Krutzig v. Pulte Home Corp., the plaintiff, who at the time was on a performance improvement plan, requested FMLA so that she could have surgery… Read more »

PRIVACY RIGHTS IN PERSONAL E-MAIL

In Stengart v. Loving Care, the New Jersey Supreme Court held that an employee had a reasonable expectation of privacy in e-mails she sent to her attorney via a personal, password protected e-mail account on a company computer. As part of her employment, Loving Care issued Ms. Stengart a laptop computer. Loving Care’s electronic communications… Read more »

HEALTHCARE REFORM CONCERNS

In their recent Webinar on Healthcare Reform, attorneys Doug Seaton and Emily Ruhsam focus on nine key changes that take effect on January 1, 2011 (for calendar year health plans): Non-grandfathered plans must provide for certain internal appeals procedures (including an external review process). Non-grandfathered plans must cover certain preventative services (i.e., immunization and infant… Read more »