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Employment Law

Does Roto-Rooter send women’s careers down the drain?

05/11/2010

Debra Ring thought her chances for advancement at Roto-Rooter were just a pipe dream, and now she’s suing the national plumbing chain. The Cincinnati woman, who alleges that Roto-Rooter has a “tangible glass ceiling” that limits advancement for women, has filed a class-action lawsuit claiming the company systematically discriminates against women.

Choose one when suing: bias or wrongful termination

05/11/2010
Good news for employers: When an Ohio employee sues for alleged discrimination under state, federal or local anti-discrimination laws, he can’t also add claims that he was wrongly terminated in violation of public policy. The other laws are his sole remedy.

Courts give employers benefit of doubt: Not all ‘unfair’ treatment is discrimination

05/11/2010
Courts don’t have time, resources or inclination to micromanage employers. Unless an employee can show she has been treated unfairly for an illegal reason like age discrimination, not every “unfair” decision will end in a successful lawsuit. Consider what happened in one recent case.

Words no supervisors should ever utter: ‘troublemaker’ and ‘get rid of’

05/11/2010
There is no good reason for any manager or executive to ever use the term “troublemaker” or the phrase “get rid of” in the workplace. No matter whom the comments are directed at, they can easily be interpreted as an excuse for some form of discrimination.

Counter retaliation claims by accurately documenting every employee complaint

05/11/2010

Employees who complain about alleged discrimination are protected from retaliation. But that doesn’t mean it’s protected activity every time someone calls HR to discuss what they think might be discrimination. In order to be protected against retaliation, the employee has to make clear that he opposed an “unlawful employment practice.”

Proposed Ohio law would be tougher than WARN

05/11/2010
A bill before the Ohio Legislature would require employers to provide more notice of mass layoffs than required by current state law or the federal Worker Adjustment and Retraining Notification (WARN) Act. The new proposal, H.R. 434, would require employers laying off 25 or more employees to give 90 days’ notice.

Warn bosses: Think before you speak

05/11/2010

Lots can happen between the time words leave a manager’s lips and when they reach an employee’s ears. Simple comments may be misinterpreted as insults or, worse, evidence of discrimination. That’s especially true with language that might reflect age bias. Older employees may be far more sensitive to age-related language than their younger co-workers, managers and supervisors.

Offer training to those who aren’t promoted

05/11/2010
Your best employees are probably eager for promotions. But when only one slot is open, promotions often leave several well-qualified candidates disappointed. To keep disappointment from leading to lawsuits, consider offering career coaching for those employees who didn’t make the cut.

How to comply with DOT’s new workplace drug-testing regulations

05/11/2010
The U.S. Department of Transportation has proposed new drug-screening procedures for employees who operate vehicles as part of their work. Some of the covered jobs: airline pilot, train engineer, mechanic and anyone with a commercial driver’s license. Private employers that test other workers should consider adopting the standard.

Former exec says Goldman Sachs put her on the ‘mommy track’

05/11/2010

Goldman Sachs is getting sued a lot these days … and not just by the SEC. Charlotte Hanna claims the embattled investment bank marginalized her after she had two children, effectively barring her from returning to full-time work as a vice president. In a lawsuit charging violations of the Pregnancy Discrimination Act and the FMLA, Hanna says taking the bank’s offer of an “off ramp” for executives who wanted to have children derailed her career.