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Good bye 2009!
All of you that are reading this - congratulations - you are still here - you made it! Look forward to 2010 - we are now smarter and more experienced. We can take these skills and apply them and make 2010 a stand out year.
Normally I look back on a year and wish it hadn't gone by so fast - not with 2009. Granted, it was a year to review expenses, practices and staff and filter through what was working and what wasn't; yet, I'm glad that 2010 is on the horizon.
Read on to find out the best practices for closing out 2009 and preparing for 2010.
Thank you for being our client! We wish all of you a blessed Holiday Season,
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 Updating for 2010
When will the 2010 Taxes be available for COATS Standard and COATSsql and where will I download them?
For both Versions, On December 28th, 2009, we will post the latest Tax Updates to the Customer Only Website.
Please check the website on Monday, December 28th, 2009 after noon.
When is the deadline for updating my 2010Taxes?
For Both Versions, you must update your 2010Taxes prior to your first payroll which has a check date in 2010.
COATS Standard
What COATS Standard Version do I need to be on in order to download the Tax Code and Tax Data for 2009? All workstations and/or servers running COATS Standard need to be running at least 8.3.7 in order to download the Tax Updates. If the workstation is on an earlier Version than 8.3.7, contact COATS at 800-888-5894 in order to receive a CD. Please check the Customer Only site on Monday, December 28th, 2009 for the latest updates for COATS Standard.
COATSsql
What COATSsql Version do I need to be on in order to download the Tax Code and Tax Data for 2010?
All workstations and/or servers running COATSsql need to be running Version 3.2.8 which will be released December 28th, 2009. After the user Version has been updated you can then download the Tax Updates. The user must be on at least COATSsql 2.7.8 in order to update to 3.2.8 from the web. If the user is on an earlier Version, contact COATS at 800-888-5894 in order to receive a CD. Please check the Customer Only site on Monday, December 28th, 2009 for the latest Version of COATSsql. |
 Notes on a Napkin Prove Messy for Employer in Age Discrimination CaseComments made during a termination meeting and notes on a napkin sealed an employer's fate in an age discrimination case. The typically conservative United States Court of Appeals for the Fourth Circuit has ruled that a fifty-eight year old executive who was fired after seventeen years with a Virginia manufacturing company is entitled to a jury trial on his claim that the company discriminated against him in violation of the Age Discrimination in Employment Act ("ADEA"), (Inman v. Klockner Pentaplast of America, Inc., 4th Cir., No. 08-1882, unpublished opinion 10/22/09).
The questions before the court were (1) whether the plaintiff's evidence showed that he was meeting legitimate expectations and (2) whether the plaintiff had established that Klockner Pentaplast of America's ("KPA") proffered reasons for his termination were pretextual. As to the first question, the court concluded:
- The plaintiff was singled out for praise by the president at a company gathering, just a couple of weeks prior to being fired.
On the second question regarding pretext, in finding for the employee, the court relied on the following evidence:
- The plaintiff was replaced by a forty-five year old who had been vice president of operations.
- Comments made by the president when he terminated the plaintiff such as he "did not fit the model" or "profile" of the "energetic" person who needed to project KPA as a "revitalized company."
- A few months prior to the termination, KPA hired a consulting company. The consultant requested that a task force be assigned and that task force should be comprised of "young, energetic, and future people." In a meeting with the consultant, KPA's president and vice president of operations (who replaced the plaintiff) both made notes of the meeting. The president's notes were on a napkin and included "Young, energetic" and the VP's notes stated "KPA team-young-energetic, future people."
While KPA maintained such notes were meaningless and merely a resuscitation of what the consultant said, the Court concluded the Company officers found it significant enough to write it down. Thus, ultimately, it is for a jury to decide.
TAKE-AWAY POINTS FOR EMPLOYERS:
- Carefully choose the words used in a termination or performance evaluation meeting.
- Recognize that certain phrases or words, (i.e., "energetic" or "revitalize company") may be interpreted as code for age discrimination.
- Always be mindful of the content of notes taken during meetings with consultants or other professionals providing recommendations because those notes may well be misinterpreted.
When concerns of age are an issue during a termination, consider the age(s) of the replacement or individuals to whom the terminated employee's duties will be assigned. Also, verify the content of the most recent evaluations and/or pay increases received by the employee (including bonuses).
An attorney for over 25 years and admitted to practice in Florida, New York, Tennessee, and Virginia, Diane J. Geller has serviced contingent staffing companies and their vendors for over 20 years. A frequent staffing industry speaker, she provides invaluable information on contract negotiations, employment law, receivables financing, franchise law, litigation, governmental compliance, and general corporate matters. For more information, visit www.gentrylocke.com/geller.
Please note: This article is provided for general informational purposes only and is a marketing publication of Gentry Locke Rakes & Moore. It does not constitute legal advice or a legal opinion on any specific facts or circumstances. You are urged to consult your own lawyer concerning your situation and specific legal questions you may have. |
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 Happy Holidays!
In lieu of Holiday cards and client gifts and recognizing the current struggle of many local communities, COATS is donating to the Food Bank of South Eastern Virginia.
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Miss a Newsletter?
COATS has been sending an emailed Newsletter since August of 2008. If you missed one of our monthly newsletters, click below to see what you missed!
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COATSsql Version 3.2.8
To be released December 28th, 2009. Click here to View Enhancements.
COATS Standard Version 8.3.7 has been released. Click here to view Enhancements.
You will need your Customer Only User Name and Password to access the above sites.
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