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Employment Law

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? …

Defending ourselves in small claims court

04/01/2008
Q. A former employee has filed a claim against our company in small claims court for unpaid wages. Can the HR manager handle this, or must we hire a lawyer? …

Who pays for pre-Employment medical exams?

04/01/2008
Q. We require new employees to undergo pre-employment medical exams. May we require a new employee to cover the cost of the exam? We have 35 employees …

Are noncompete agreements enforceable in the medical profession?

04/01/2008
Q. I run a physician’s group, and one of our new doctors has informed me that a noncompetition agreement for physicians is unenforceable in North Carolina. Is that true? …

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …