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Employment Law

You could be personally liable for injuries under N.C. workers’ comp law

07/25/2008
On-the-job injuries generally are covered by the North Carolina Workers’ Compensation Act and the required workers’ compensation insurance. That means employers are not liable for negligence, and that employees receive benefits under the act whether or not their employers were negligent and whether or not the employees were contributorily negligent. But in certain cases the employer and its managers—as well as co-workers—can be liable for certain workplace injuries …

OK to refuse to pay unauthorized overtime?

07/25/2008
Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

Changing hiring criteria in midstream: Legal, if done right

07/24/2008
Sometimes, employers receive a far greater number of qualified applicants for an open position than they expected. If that happens, you can narrow the applicants down by a new set of more specific requirements. Applicants who sue because they met the first set of requirements but not the second probably won’t win a discrimination lawsuit …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

Social Security disability doesn’t automatically earn ADA status

07/24/2008
Employees who are approved for Social Security disability payments sometimes think that automatically means they’re also deemed “disabled” under the ADA, which requires their employers to offer “reasonable accommodations.” But that’s simply not true …

Decision-Making paper trail: The best kryptonite to lawsuits

07/24/2008
Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale …

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008
Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Employees’ temporary disabilities don’t trigger ADA protections

07/24/2008
Sometimes injured employees need more time off than the 12 weeks allowed under the FMLA. In such cases, they often ask their employers to allow them to return to their jobs with reasonable accommodations under the ADA. That may be true if their conditions are permanent, but not if their conditions are merely temporary. Employers can deny requests without violating the ADA …

Refusing reinstatement after FMLA? Get your story straight

07/24/2008
Employees who take FMLA leave are entitled to return to their same jobs (or substantially equal ones) after leave ends. But what happens if employees can’t return to their same jobs because they aren’t completely well or able to do the same duties they did before?