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Employment Law

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Offer legit ‘fresh-start’ transfer without fear of being punished for retaliation

02/26/2009

Sometimes, an employee isn’t a good fit for a particular job assignment and becomes frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start in another department probably won’t run into legal hot water.

Use promotion committee—minus offending boss—to correct possible past discrimination

02/26/2009

It can happen at the best of companies: You discover that a careless supervisor or manager made some comments that might be interpreted as prejudiced. When that happens, you know to discipline that employee. But what do you do when the employee who was the target of the comments is up for promotion?

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Worth your while: Proactive review of wage-and-hour issues

02/26/2009

Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.

N.C. appeals court ruling: Noncompete clause goes too far

02/26/2009
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Moody’s predicts N.C. job loss in 2009, recovery in 2010

02/26/2009

Economists at Moody’s predict North Carolina jobs will fall by 1.6% in 2009. The steepest declines are anticipated in construction (down 9.3%), manufacturing (– 4.3%) and financial activities (– 2.9%). There will be a few bright spots in the state’s job market, though.

Poor worker training cited in case involving heat death

02/26/2009

In 2004, two men were fixing a pump at a plant when one of them complained of being hot and not feeling well. The other man took him to his car and returned to work on the pump. When he checked on the ill man 45 minutes later, he found him slumped over the wheel. He had died.

EEOC sues Mount Airy firm for religious discrimination

02/26/2009

The EEOC has filed a lawsuit against a Mount Airy carport dealer, claiming the employer allowed employees to mock a co-worker because of her religion and that supervisors didn’t respond when she complained.

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …