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Employment Law

Automate applications to end failure-to-promote claims

04/01/2008

If you want to avoid needless failure-to-promote claims, create an automatic application process, and make sure managers and all employees understand how the new system works. Courts have said that if employees let their supervisors know they may be interested in a promotion, those employees don’t actually have to apply to claim they were discriminated against in the process …

Troublesome trainee? Document difficulty from Day One

04/01/2008
Managers and supervisors tend to cut some slack for new employees. After all, novice employees need training before mastering new skills. But if a trainee is beginning to look like she’s not catching on, it’s time to document her efforts and results—plus those of her fellow trainees. Here’s why …

Caution! Sometimes arbitration costs employers more, not less

04/01/2008
Arbitration is frequently billed as an inexpensive and quick way to handle employment law claims without incurring the high cost of litigation. That’s why many employers are so eager to have employees sign agreements that require arbitration of workplace claims. But sometimes that strategy backfires …

Staff sour on union? Let NLRB handle decertification vote

04/01/2008
Sometimes, employees learn that having union representation might not be as good a deal as they initially thought. If that’s the case, you may find that some employees approach management about the possibility of ousting the union. Before you jump for joy, think carefully about how to go about becoming a nonunion workplace again …

If you need to discipline, verify facts with several sources

04/01/2008
Discipline is always a sensitive issue, especially if the employee in question has filed previous discrimination complaints or a lawsuit. Even if the employer won previous battles, the employee may actually view any discipline as another chance to attack the company—with a retaliation lawsuit. Here’s the best way to handle further discipline …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …

Hiring employees through visa programs? Make sure you consider both sexes

04/01/2008
Recruiting foreign workers who come to the United States via work visa programs requires carefully adhering to Title VII and other discrimination laws, just as if you were recruiting U.S. workers. Make sure you (or your representative) aren’t pushing foreign workers into different visa programs based on sex or some other protected characteristic …

Lowe’s sued for sexual harassment

04/01/2008
Three former employees of a Lowe’s store in Longview, Wash., have filed a lawsuit alleging their managers repeatedly sexually harassed and then fired them for complaining about it …

Wage-and-Hour lawsuits against Pilgrim’s Pride consolidated

04/01/2008
Lawsuits filed on behalf of workers at Pilgrim’s Pride poultry processing plants in North Carolina and 10 other states have been consolidated and moved to a federal court …

Employment contracts in North Carolina: What you need to know

04/01/2008
Employers and employees often wonder about the benefits and drawbacks of employment contracts. Most employees do not have employment contracts. However, contracts may be appropriate for company officers, management employees, salespeople and key employees. Who’s right for an employment contract? …