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Showing posts for: Kandis Sells

Nov 17 2015
Harassment & DiscriminationQ&ATermination & Resignation

Retaliation claim may succeed despite employee’s falsified letters of reference

Answer: Sorry, but there is a risk! Termination at this point definitely puts the company at risk for a retaliation claim and the employee could get a verdict in his favor, even if the company can prove that the reference letters were fake and the termination wasn’t discriminatory. That doesn’t mean the employee is “fire-proof”…

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Oct 20 2015
Wage and HourWashington

Washington Employers: You don’t have to “police” employee meal breaks

Washington employers can let out a collective sigh of relief due to a recent federal district court decision reaffirming that they are not required to “police” employee meal breaks to make sure employees are taking them. Employers are only required to give employees a meaningful opportunity to take the meal period. Washington’s meal period regulation…

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Aug 19 2015
Uncategorized

Looking out for the safety of a pregnant employee is no excuse for termination

A couple of pregnancy discrimination cases recently settled by the Equal Employment Opportunity Commission (EEOC) serve as a reminder that an employer’s good intentions in protecting a pregnant employee are not a defense to discrimination. An Eastern Washington fruit grower recently agreed to pay $17,500 to settle an employee’s claim that she was fired nine…

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May 07 2015
Q&ATermination & Resignation

When should an employee sign a release agreement for severance pay?

Answer: Answer: It’s a good idea to require a terminating employee to sign a release agreement any time you offer compensation they are not already entitled to receive. The release or separation agreement does not need to be signed during the termination meeting; in fact, in some situations it will not be valid or enforceable…

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Apr 03 2015
Wage and HourWashington

Seattle, Washington minimum wage ordinance upheld; regulations released

A federal district court in Washington has refused to stop the City of Seattle from treating each franchise as a “large employer” for fast phase-in of Seattle’s new $15 minimum wage, and Seattle has moved ahead in issuing its new administrative rules on minimum wage. These rules apply to employees who perform work in Seattle,…

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Feb 03 2015
Uncategorized

Timing of paydays may bring an extra pay period in 2015

If you pay your employees on a weekly or bi-weekly basis, the 2015 calendar may include an “extra” payday. Many employers pay employees every week (usually 52 paydays per year), or every other week (usually 26 paydays per year). These regular paydays account for 364 days each year. But, since there are actually 365-366 days…

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Jan 15 2015
DisabilityQ&A

Termination for bad behavior is not disability discrimination or retaliation

Answer: No, you can (and, arguably, should) terminate employees who are engaging in misconduct or not adequately performing essential job functions, even if they are being accommodated for a disability, as long as the performance issues are not actually due to the disability. Two recent federal court cases support such terminations. In a Ninth Circuit…

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