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Employment Law

Trainer uses drill sergeant tactics? Make sure it’s ‘Equal opportunity pressure’

02/01/2008

Some managers, especially those with extensive military training, may rely on techniques straight out of boot camp. Under the right circumstances, they can be very effective trainers, who get results and create an effective team. But loud, intimidating and in-your-face behavior comes with a huge risk …

EEOC sues Folks restaurants for religious discrimination

02/01/2008

The EEOC has filed a religious discrimination lawsuit against Folks, the metro Atlanta and North Georgia restaurant chain, for allegedly refusing to employ a woman because of her religious attire …

It all depends on what the meaning of the word ‘Involved’ is

02/01/2008

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight …

A Georgia employer’s guide to creating restrictive covenants

02/01/2008

Georgia employees are generally free to compete against their former employers, solicit their customers and employees, and even use or disclose any confidential information that can’t be classified as a “trade secret.” This can be disastrous for employers. But there’s some good news for employers …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …

You can require employees to undergo medical evaluations

02/01/2008

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same …

Carefully consider FMLA request to prevent double damages

02/01/2008

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave …

Different punishments for different infractions are legit

02/01/2008

Fairness and equal treatment are basic tenets of the HR profession. But that doesn’t mean all discipline cases merit equal punishment, even if the offenses are superficially similar. You can—and often must—punish some rule breakers more severely than others. Just make certain you can justify the differences …

Insist on HR oversight of disciplinary investigations

02/01/2008

Does your HR office take an active role in workplace investigations? If not, it should. By centralizing the investigative and decision-making functions, you increase the odds that your organization’s disciplinary decisions will be fair and evenhanded …

Employees have to pick: ADA or state disability discrimination law

02/01/2008

Good news for employers: Employees who claim disability discrimination can’t sue under both state and federal laws. They have to choose whether to sue under the ADA or the North Carolina Persons With Disabilities Protection Act …