Message from the Firm
By Mark Terman
The holidays are a "special time" for employment lawyers. At the risk of hearing from our clients less this season, here are some cautions. Unless an employee's misconduct is extreme or your company's financial condition is dire, consider waiting until early January to terminate. Plaintiffs will always argue how brutal a termination before Christmas was and often claim the employer is trying to avoid paying a bonus that was already earned.
A policy that strips away paid vacation time already accrued by an employee is illegal. Replace the policy with one that either caps the maximum vacation time accrual in the future (such that more vacation does not accrue until the employee uses up some accrued vacation) or pays out unused vacation time at year end.
Every year, we also see allegations of sexual harassment arising from a client party. Holiday parties need to be kept under control. In addition, think about paying for taxis for employees who have had too much to drink and cannot safely drive home. You may save a life. You may also instill goodwill with your entire work force just by making the offer.
Thanks to our clients and friends who continue to help us grow our employment law practice. We wish you a happy and prosperous New Year.
Reprinted with permission,
© 2000 Reish & Luftman. All rights reserved. The Reish & Luftman Practical Guide to Employment Law is published as a general informational source. Articles are general in nature and are not intended to constitute legal advice in any particular matter. Transmission of this report does not create an attorney-client relationship. Reish Luftman Reicher & Cohen does not warrant and is not responsible for errors or omissions in the content of this report.
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