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Employment Law

The cure for workers’ comp fraud: daily injury logs

10/01/2008

Employees who hurt themselves at work sometimes wait weeks or even months before filing a workers’ compensation claim. What at first seems like a relatively harmless injury can flare into a debilitating condition months later. Such late claims put business owners at a serious disadvantage.

Act fast, train when sexual harassment complaints arise

09/26/2008

It takes more than a written policy to avoid liability for sexual harassment. But if you back up your policy with regular training and reminders and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Doctor’s note should trigger FMLA certification request

09/26/2008

The FMLA gives employers the right to ask for proper medical documentation showing that an employee actually needs and is entitled to medical leave. The law also makes it clear that employers don’t have to accept vague notes or leave requests. But that doesn’t mean you can ignore a doctor’s note that is unclear or ambiguous about the employee’s condition …

Start new accommodations process if disability worsens

09/26/2008

Some disabilities get worse with time. An accommodation that allows an employee to perform the essential functions of her job today may not work as well in six months or a year. That’s why it’s important for HR to stay on top of the employee’s disabling medical conditions …

Lawsuit brewing? Think twice before destroying documents

09/26/2008

When discrimination charges go to court, both sides are entitled to copies of all relevant evidence. That includes memos, notes and e-mail (with some exceptions for confidential, trade secret or attorney-client privileged communications). Don’t think you’ll be able to avoid liability by getting rid of some documents …

REDA provides whistle-blower protection during some internal investigations, too

09/26/2008

Until recently, it was unclear whether reporting unsafe or illegal working conditions to an internal auditor or another responsible party was “protected activity” under the North Carolina Retaliatory Employment Discrimination Act (REDA). Now a federal court has decided that REDA may cover internal reports …

Good news: EEPA does not include retaliation claims

09/26/2008

North Carolina employers have one less thing to worry about: A federal trial court recently decided the North Carolina Equal Employment Practices Act (EEPA) does not allow employees to file separate retaliation claims on top of initial discrimination complaints …

Fired state ethics whistle-blower fights back

09/26/2008

Amanda Thaxton, a former office assistant at the North Carolina State Ethics Commission, has filed a whistle-blower lawsuit claiming she was fired in retaliation for speaking with the State Auditor’s Office about possible protocol violations …

Serenex chemist sold pharmaceutical secrets to Chinese

09/26/2008

Serenex, the Durham-based biopharmaceutical company, is due to collect $57.5 million from two Chinese companies and a former Serenex employee who Wake County Superior Court Judge Donald Stephens said conspired to steal trade secrets. But it’s doubtful Serenex will ever collect the money …

Employer wins battle to withdraw recognition of struggling union

09/26/2008

The 4th Circuit Court of Appeals, which has jurisdiction in North Carolina, recently ruled that an employer could withdraw recognition of a union if it can present “substantial objective evidence” that most employees no longer support the union. The decision gives employers a road map for handling situations where a union has lost the backing of the employees …