November 2009
21 posts
How to Safely Discharge Employees
HOW TO SAFELY DISCHARGE EMPLOYEES
By Stephen P. Horner, Esq.
Query:
Unfortunately, we have had problems with discharging our employees who are not performing well. We usually end up with discrimination claims and/or unemployment compensation claims.
How can we safely discharge our employees who aren’t doing a good job??
(George W., Darien)
Response:
By taking the following steps, your...
I Need Help with my Employees!
“I NEED HELP WITH MY EMPLOYEES!”
By Stephen P. Horner, Esq.
Inquiry:
As a small employer, I don’t have much time to handle the Human Resources issues that arise in my company. Basically, I need help in that area because I have already had claims filed by former employees. Do you have any suggestions?
(Russ H., Norwalk)
Response:
Russ, not to worry! Your exposure to such potential...
Restrictive Covenants
RESTRICTIVE COVENANTS
by Stephen P. Horner, Esq.
Question:
One of our former employees has downloaded our entire computer file and taken it with him just after we terminated him.
He also is calling our potential clients and is “bad-mouthing” us to them.
Lastly, he is starting to work for our biggest competitor although he agreed not to work for a competitor for two years after he...
Sex Harassment?
Sex Harassment or Shop Talk?
By Stephen P. Horner, Esq.
Inquiry:
One of our female employees slapped a male employee when he grabbed her from behind and tried to kiss her. She claims that he had made continuing lewd comments and gestures to her and she had warned him to leave her alone. He claims that he had just used “shop talk” language and that he was only being friendly.
I have...
Race Discrimination
RACE DISCRIMINATION?
by Stephen P. Horner, Esq.
Inquiry:
One of our salaried employees is complaining that he is being unfairly discharged because he is black. When I explained to him that his impending discharge was strictly based on his lower job performance appraisal as compared to the other employees in his department, he stated that his performance appraisals had been unfairly lowered...
Who Pays Attorney's Fees?
Who Pays Lawyer’s Fees?
by Stephen P. Horner, Esq.
Question:
How are legal fees handled for employment cases?
Steve J., Norwalk
Response:
The traditional “American rule” has been that each side in a lawsuit pays for its own attorney. This is still the case for most lawsuits—such as negligence and breach of contract cases—in the United States.
A company’s legal...
Unemployment Compensation
Unemployment Compensation
By: Steve Horner
Question:
What is the basis for determining whether an employee is entitled to receive unemployment compensation benefits or not?
(Sue B, Sebasco, ME)
Answer:
An employee is generally entitled to receive unemployment compensation benefits when he/she is:
* physically and mentally able to work;
* available for work;
* making a reasonable but...
Settling A Claim?
Settling
By: Stephen P. Horner, Esq.
Question:
What are the various “pros and cons” involved in deciding to settle an employment lawsuit or not?
[Art M., Darien)
Answer:
Well, Art, this is a good question. I frequently refer to the phrase “high stakes poker” when my clients are considering whether to settle a case or not. I characterize it in that way because...
A Tort A Minute
A TORT A MINUTE
By Stehen P. Horner, Esq.
Question:
One of our supervisors does not have good inter-personal skills. In fact, he frequently is rather abusive toward his subordinates. At times, he also apparently pays little attention to areas of employee privacy.
Do his actions create any liability for the company?
Debby W, Fairfield
Response:
This is an area of increasing employer...
A Tort A Minute!
A TORT A MINUTE
By Stephen P. Horner
Question:
One of our supervisors does not have good inter-personal skills. In fact, he frequently is rather abusive toward his subordinates. At times, he also apparently pays little attention to areas of employee privacy.
Do his actions create any liability for the company?
Debby W, Fairfield
Response:
This is an area of increasing employer exposure...
Employment Contract?
Employment Contract?
By Stephen P. Horner, Esq.
Inquiry:
I was fired last week last week for supposedly pushing another employee.
My Company’s personnel manual says that employees are supposed to get a verbal warning and then two written warnings before they are discharged for violating the Company rules.
The personnel manual also states that job security is a very important benefit...
Overtime
OVERTIME
By Stephen P. Horner, Esq.
Inquiry:
Am I correct in assuming that salaried employees are not entitled to overtime?
(Amy Z, Darien)
Response:
Well, Amy, the short and succinct answer to your question is “no”; A salaried employee is entitled to overtime unless the employee is “exempt” from the coverage of the wage and hour laws.
Contrary to popular opinion,...
Anatomy of a Law Suit
ANATOMY OF A LAWSUIT
By Stephen P. Horner
Question:
Like most people, I don’t really understand what happens in a lawsuit. Of course, I have seen the “Practice” and “L.A. Law,” but they usually only provide the exciting trial part of the case.
I wish you would write an article — avoiding “legalese”, if possible! — which briefly describes what happens in a typical employment...
Sex Harassment?
Sex Harassment?
By: Steve Horner
Question:
We recently received a complaint from one of our employees that she was “pressured” into having an affair with her manager. The affair has since ended and the employee is claiming that she would have been fired if she didn’t agree to her manager’s invitation.
Just after receiving this complaint, her manager recommended that...
How to Keep Your Next Job
HOW TO KEEP YOUR NEXT JOB
By Stephen P. Horner, Esq.
Inquiry:
With so many companies cutting back on their workforce lately, do you have any suggestions on how an employee can try to hold on to his current job or, if unemployed, keep his next job?
Tom S, Darien
Response:
A timely question, no doubt about that - especially in light of the recent news that Connecticut...
Age Discrimination?
AGE DISCRIMINATION?
By Stephen P. Horner, Esq.
Inquiry:
After spending twenty-five years working in the Communications Department for my Company, I was recently discharged as part of a corporate reorganization. There were several other people discharged at the same time but I don’t know anything about them.
I was surprised to be discharged since my evaluations had always been above...
Depositions
Depositions
By: Steve Horner
Question: What exactly is a deposition? I know it has something to do with a lawsuit and think that it involves a witness being asked a lot of questions but am curious as to what exactly it is, and what purpose it serves.
[Bill M., Westport]
Answer: Well, Bill, you are right when you describe a deposition as asking a witness “a lot of questions”. To...
Management Rights
Management Rights
by Steve Horner
Question:
None of our employees have employment contracts. I have heard over the years that means they are employees at will.
Does that mean that management has the right to fire them at any time? Regardless of the reason?
(Tom R., Darien)
Answer:
Well, Tom R., in order to answer this question, we first must determine the employment status of the...
Personnel Files
STATE LAW LETS EMPLOYEES VIEW THEIR PERSONNEL FILES
by
Stephen P. Horner, Esq.
shorner@horner-law.com
Inquiry: My supervisor has routinely evaluated my job performance over the past few years. I would like to review some of the old evaluations to see how I have improved. Am I allowed to see the personnel file which my company maintains on me?
Also, am I able to make a copy of its...
How to Keep Your Job
HOW TO KEEP YOUR JOB
By Steve Horner
A timely question, no doubt about that - especially in light of the recent news that Connecticut is one of the leading states in terms of shrinking metropolitan populations over the last few years!
The first part of the answer to your question is to analyze why companies discharge employees in the first place. If we can figure that...
Age Discrimination
Age Discrimination?
By Steve Horner
Inquiry:
How much evidence is required for a company to be found liable for age discrimination?
Does the plaintiff or the defendant have to prove its version of the facts is true in order to win such a case?
(Briane, Southport)
Response:
...