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Employment Law

Must we recall laid-off employees if the economy turns around and conditions improve?

10/24/2008

Q. If we lay off an employee, are we required to recall the employee at a later time if we have work? …

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …

How far back can we go when conducting background checks on employees?

10/24/2008

Q. We do background checks on our employees. Is there a restriction on how many years we can go back on the employee? …

Is it illegal for employees to use cell phones while driving?

10/24/2008

Q. Our employees often use their cell phones when driving vehicles. Does North Carolina prohibit or limit cell phone use while driving?

How will the election affect employment law?

10/23/2008

More than 60% of corporate counsels expect the election to have an impact on employment laws at their companies, according to a survey by The Association of Corporate Counsel.

Layoffs: The right way to prepare and execute

10/23/2008

The U.S. economy was already on the brink last month when the Wall Street-fueled financial crisis came and pushed it over the edge. Organizations nationwide are being forced to slash costs, which often means cutting payrolls. Too often, however, employers make tactical errors during layoffs. Here are six key steps to help keep layoffs as legally painless as possible:

PERA doesn’t permit private harassment suits

10/22/2008

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue …

If FMLA is issue, log time of firing decision

10/22/2008

Employers that can show they had decided to terminate an employee before they knew he needed FMLA leave aren’t liable for interfering with that leave. But don’t think you won’t be challenged on your timing. That’s why you must make sure you can prove exactly when you made the decision …

With security like this, who needs thieves?

10/22/2008

A crack trio of loss-prevention officers hired by Nordstrom in King of Prussia has been arrested for allegedly operating a theft ring. Rozita Davani, former loss-prevention manager, along with Marguerite Willis and Athina Theodoridis, former loss-prevention agents, allegedly began stealing from the store’s mailroom in May …

Demand medical information before considering employee’s accommodation request

10/22/2008

Employees who want their employers to make reasonable accommodations for their disabilities must let their employers know they need accommodations. But some employees don’t want to provide a lot of medical information and may stall the process while they make numerous accommodation suggestions …