Destroyed evidence haunts employer’s defense
Federal regulations require that employers keep all personnel or employment records for one year. Thus, if an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. Furthermore, when the Equal Employment Opportunity Commission (EEOC) notifies an employer of a charge of discrimination, the company has the […]
Employment at Will in Puerto Rico
Employment at will is the doctrine that allows an employer in the United States to terminate an employee at any time, without notice and without cause, so long as it is not prohibited by a particular law (e.g. discriminatory reasons such as age, sex or race). Puerto Rico employment laws are different. Local law 80 […]
Puerto Rico Dealers, Franchises, Distributors and Sales Reps May Be Protected by Acts 75 and 21
Businesses including franchises wishing to market their products in Puerto Rico must be aware of two important laws that regulate the commercial relationship between a principal and a distributor. These are Puerto Rico Dealers Act Law 75 and Law 21. The laws were enacted to protect Puerto Rico distributors, dealers and sales representatives from a […]
Confronting Bad Worker Attitude
If you are a boss that relies on disciplinary memos to improve employees’ attitudes or performance you should know by now, it rarely works. Written warnings are often crafted too late when the supervisor no longer wants to deal with the employee. Fearing legal issues, you begin crafting memos to reprimand the employee on every […]
The Three Step Audit Before Discharing an Employee
Firing an employee in Puerto Rico for misconduct has legal consequences. The discharge may be deemed wrongful, discriminatory, retaliatory or in violation of some other law. You need to consider both local and federal labor & employment issues. Fines can be steep and in some cases may require job reinstatement. Before you discharge an individual, […]