Compliance and Legal

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer.

Human Resources and in-house counsel, please consider this a legal "consumer report." Remember - we offer a "no legalese" guarantee, or your money back!

My fellow employment lawyers, is that Rule 12(b)(6) motion really necessary?

Regardless of industry, almost all businesses with employees have some form of a dress code policy. When creating a dress code policy for your business, apply your policy equally to all employees. Unfair dress code policies are considered discriminatory and can be grounds for a lawsuit.

Recruiters can gain great credit for finding and securing top international talent – and rightly so.   The whole world is a talent pool today, and  the  best  people  may  be  located down the street or on the other side of the world.

Once  recruited,  paperwork  must be   completed   for   each   and   every hire  and  this  includes  the  I-9  form. The  I-9  verifies  the  identity  and  the employment authorization of each employee and is part of the federal immigration regulatory process.

A Report on Temporary Help, On-Call, Direct-Hire Temporary, Leased, Contract Company, and Independent Contractor Employment in the United States

Besides not defining the term "employee", most statutes fail to spell out who the employer is. There is potential ambiguity on this issue when businesses use temporary agency, leased, or contract workers. Although the primary employer is generally the temporary help, leasing, or contract company, the client may be regarded as a “joint employer” under some laws.