How do I respond to a racist statement?
The CFO of my company came to my office and stated that there were too many black people in my department. They are all qualified [...]
About Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.Can the boss make me an independent contractor?
I have worked for a small private company for the last 10 years. My boss now wants to transfer me to another company, not related [...]
My manager talks a lot about his sex life. Is that sexual harassment?
My assistant manager talks about his sex life and drug life in detail every time I work with him. I am not the only employee [...]
What can an employer ask about an employee’s medications?
We recently hired an operating room nurse, who informed the head surgeon yesterday that due to chronic kidney problems she takes pain medication during the [...]
If an employee refuses to pay back a cash shortage, what, if any, action can the employer take?
The policy was not in place at time of shortage that employees would be required to pay back cash shortages. Posted 11-10-2010 Ann Kiernan replies: In [...]
All I did was look at her! Is that sexual harassment?
A subordinate has made an accusation of sexual harassment against me for the way I looked at her - which I don't even remember. No [...]
Does paying overtime to a salaried exempt employee convert that employee to a non-exempt status?
Posted 10-06-2010 Ann Kiernan replies: No. Many companies pay something extra to exempt employees who work weekends, nights, or have "on-call" responsibilities, in recognition of [...]
Can I fire an employee who is starting the same type of business I have, while she is still employed by me?
Posted 10-06-2010 Ann Kiernan replies: Sure! Even if you do not have a conflict of interest policy which would bar this sort of thing, employees [...]
Do managers have the right to take confidential reports home with them?
These reports contain pay and social security numbers. As an employee do I have the right to complain that my information has been compromised? Posted 10-06-2010 [...]
Do phone calls count as FMLA leave?
I had an employee ask if phone calls to medical personnel can be used as FMLA time. She has to take calls from her husband's [...]