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Old 06-25-2009, 08:27 PM
 
39 posts, read 72,522 times
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I'm a national seminar leader that teaches "The Essentials of HR Law". I was also an HR Generalist prior to this. As a seminar leader, I taught what the law states. I posted earlier that companies get in trouble because of their new employee handbooks and past practices. One needs to do his or her homework to point any discrepencies out. But it is true that HRG's do help employers do what they want without breaking the law. Unfortunately, HRG's work for the company not the employee. Too old, not too attractive, overweight, for some positions your race, sexual preference, etc. will prevent you from getting hired, let alone fired. In one class I taught, a person said that she was "let go" because her breasts were not big enough (small company), others said that after a legal battle for sexual harrassment, they were made to feel so unwanted that they just quit. When you're in HR, you know where the bodies are buried.
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Old 06-25-2009, 08:31 PM
 
336 posts, read 1,297,137 times
Reputation: 101
Quote:
Originally Posted by Jdferr View Post
I'm a national seminar leader that teaches "The Essentials of HR Law". I was also an HR Generalist prior to this. As a seminar leader, I taught what the law states. I posted earlier that companies get in trouble because of their new employee handbooks and past practices. One needs to do his or her homework to point any discrepencies out. But it is true that HRG's do help employers do what they want without breaking the law. Unfortunately, HRG's work for the company not the employee. Too old, not too attractive, overweight, for some positions your race, sexual preference, etc. will prevent you from getting hired, let alone fired. In one class I taught, a person said that she was "let go" because her breasts were not big enough (small company), others said that after a legal battle for sexual harrassment, they were made to feel so unwanted that they just quit. When you're in HR, you know where the bodies are buried.

I'm old not too attractive and fat, so i guess I won't be getting a job any time soon. LOL
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Old 06-26-2009, 08:02 AM
 
Location: NJ
31,771 posts, read 40,768,542 times
Reputation: 24590
Quote:
Originally Posted by Jdferr View Post
I'm a national seminar leader that teaches "The Essentials of HR Law". I was also an HR Generalist prior to this. As a seminar leader, I taught what the law states. I posted earlier that companies get in trouble because of their new employee handbooks and past practices. One needs to do his or her homework to point any discrepencies out. But it is true that HRG's do help employers do what they want without breaking the law. Unfortunately, HRG's work for the company not the employee. Too old, not too attractive, overweight, for some positions your race, sexual preference, etc. will prevent you from getting hired, let alone fired. In one class I taught, a person said that she was "let go" because her breasts were not big enough (small company), others said that after a legal battle for sexual harrassment, they were made to feel so unwanted that they just quit. When you're in HR, you know where the bodies are buried.
hiring is different than firing and i think you can get away with more. also, you really only have to worry about groups that are protected. age and sexual preference are, attractiveness and weight arent. i may be allowed to fire someone for having small breasts but then id probably want to make sure im safe on the sexual harrassment end of things.
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Old 06-26-2009, 10:27 AM
 
Location: Toms River, NJ
1,106 posts, read 4,902,225 times
Reputation: 656
Quote:
Originally Posted by Jdferr View Post
But it is true that HRG's do help employers do what they want without breaking the law. Unfortunately, HRG's work for the company not the employee...When you're in HR, you know where the bodies are buried.
I left HR for exactly this reason. My employers are the owners (or stock holders). I was a spin doctor. It was my job to find out how to legally do a variety of unpleasant tasks. Whether terminating good employees that someone simply didn't like (at will employment allows for this), or using sick leave policies to terminate pregnant women; it was my job. I thought it was to help companies figure out a way to invest in "human capital" so that the company would prosper but it was much more about marketing bad company policies to employees.

However, I've never heard of hiring young employees so that you can let them go along with older employees in order to hopefully circumvent a discrimination case. I have "paid" a termination bonus in order to get an employee to waive their legal rights to sue.

If you don't own the company you are "just an employee and everyone can be replaced!"
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Old 06-26-2009, 10:49 AM
 
Location: NJ
31,771 posts, read 40,768,542 times
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Originally Posted by hrjersey View Post
However, I've never heard of hiring young employees so that you can let them go along with older employees in order to hopefully circumvent a discrimination case. I have "paid" a termination bonus in order to get an employee to waive their legal rights to sue.
that sounds kind of silly to me.

we have done plenty of things i found silly but usually it was on the overprotective side not the other way around.
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Old 06-26-2009, 10:21 PM
 
5,340 posts, read 13,965,388 times
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Originally Posted by CaptainNJ View Post
so you are saying you terminated employees because they got too old?
Not me, I was not in that end, but it was done...and done OFTEN.
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Old 06-26-2009, 10:22 PM
 
5,340 posts, read 13,965,388 times
Reputation: 1189
Quote:
Originally Posted by Jdferr View Post
I'm a national seminar leader that teaches "The Essentials of HR Law". I was also an HR Generalist prior to this. As a seminar leader, I taught what the law states. I posted earlier that companies get in trouble because of their new employee handbooks and past practices. One needs to do his or her homework to point any discrepencies out. But it is true that HRG's do help employers do what they want without breaking the law. Unfortunately, HRG's work for the company not the employee. Too old, not too attractive, overweight, for some positions your race, sexual preference, etc. will prevent you from getting hired, let alone fired. In one class I taught, a person said that she was "let go" because her breasts were not big enough (small company), others said that after a legal battle for sexual harrassment, they were made to feel so unwanted that they just quit. When you're in HR, you know where the bodies are buried.
AMEN. It's no joke. The laws help to an extent... but there are always ways around and it's still a dog eat dog world out there. HR is NOT for the employees, it's for the employers and anyone that thinks otherwise is a fool
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Old 06-26-2009, 10:24 PM
 
5,340 posts, read 13,965,388 times
Reputation: 1189
Quote:
Originally Posted by 0706772 View Post
I'm old not too attractive and fat, so i guess I won't be getting a job any time soon. LOL
Want the truth, the deck is stacked against you. I don't like it - at all - but it is the truth. Especially in a tough job market...and it sucks.
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Old 06-27-2009, 07:35 AM
 
Location: Toms River, NJ
1,106 posts, read 4,902,225 times
Reputation: 656
Quote:
Originally Posted by CaptainNJ View Post
that sounds kind of silly to me.

we have done plenty of things i found silly but usually it was on the overprotective side not the other way around.
What sounds silly? Paying the bonus? For employee's in a protected class who are being terminated without well documented cause, the money is included as part of a Severance Package. The employee is given time to seek the advice of counsel because it is a legal and binding agreement. Most employee's sign it and then the issue of potential suit is gone.

I've seen it done with as little as $2K for very low level employees and $50K for executives. These agreements always come from our attorneys. Not everyone gets it. Usually terminations were well documented but sometimes a quicker solution was needed and this was it.
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Old 06-27-2009, 07:42 AM
 
5,616 posts, read 15,535,353 times
Reputation: 2824
Quote:
Originally Posted by JBrown View Post
I know personally of a number of struggling companies that routinely use this policy to limit the number of people that reach retirement age. They randomly hire a couple of duds, keep them on the payroll for a few months, then let them and a few other long time employees go. That way the cover there A$$ in age discrimination lawsuits. It's become well known that in these places you'll never survive past your 59th birthday.
thats terrible!
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