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Employment Law

Beware managers who participate in drive to unionize workers

11/01/2007

When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel …

Spirit of anti-Harassment policy more important than details

11/01/2007

Chances are your anti-harassment policy includes instructions for reporting any problems. That’s not enough—you also must make sure the policy is implemented. But don’t worry if circumstances require you to veer slightly from the policy …

Make sure employees know FMLA policy on returning to work

11/01/2007

Employers can require employees who are off work for an FMLA-qualifying illness (their own serious health condition or that of a child, spouse or parent) to provide updates on their conditions. But watch out if you have a policy that calls for termination if the employee fails to report for work when his doctor said he would be ready to return—especially if more FMLA leave is still available. Make absolutely sure the employee knows about the rule …

Even consensual affair with supervisor can spell trouble

11/01/2007

When a supervisor enters into a sexual relationship with a subordinate, chances are things won’t go well for the company. That’s one reason you should put in place strict limits on dating for supervisors and subordinates. You can prohibit such relationships altogether, or insist that anyone contemplating dating a subordinate must notify HR first so he or she can be removed from the supervisory role before the relationship starts. Otherwise, you risk a sexual-harassment lawsuit, especially if the supervisor later punishes the subordinate …

Erroneous ‘ERISA’ label doesn’t rule out state regulation

11/01/2007

The Employee Retirement Income Security Act (ERISA) was created to protect employee benefits plans. It preempts state regulation of covered plans. But many states, including Ohio, have specific laws that cover other aspects of the employment relationship. Those laws still apply in many cases, even if an employer mistakenly states ERISA covers a particular benefit …

Warn managers: When attitude’s the problem, document

11/01/2007

Every now and then, you hire a dud. Someone who looks like he has the skills you need comes with an attitude, too. And the employees he’s supposed to inspire and lead wind up rebelling. You know it’s time to cut him. Before you do, start documenting the problems. Be specific. Nebulous complaints about “bad attitude” and “poor ability to get along with subordinates” can look like empty excuses to discriminate …

Don’t let manual become a contract—Make sure employees sign ‘At-Will’ notice

11/01/2007

Ohio is an at-will employment state, meaning that employees can be fired (and quit) for any reason or no reason as long as the employer doesn’t violate a specific anti-discrimination or other law. But employers and employees can change their relationships to a contractual one by agreement. If they do, then it becomes much harder to fire that employee without a rock-solid reason …

ADA, Ohio disability-Discrimination laws don’t cut off other state claims

11/01/2007

Ohio has long recognized a common-law claim against wrongful discharge that violates public policy. For example, firing employees for filing a workers’ compensation claim would violate public policy. The same holds true for some claims that arguably would be covered by specific state and federal laws, such as the ADA and Ohio’s disability-discrimination law …

You’d think they’d know better

11/01/2007

It seems everybody’s a comedian at the Ohio Department of Transportation (ODOT), where off-color e-mails have been flying. Unfortunately for ODOT, not everyone in the audience is laughing. One incident involved an equal employment opportunity officer in the department’s Lima office, who sent an e-mail to a number of ODOT employees featuring a picture of a woman with large breasts and a caption …

Principal says he was fired for questioning pay scales

11/01/2007

Lake Ridge Academy, a private K-12 school in North Ridgeville, has been hit with two lawsuits claiming it fired James Whiteman, head of the elementary school, for inquiring about the differences between female and male teachers’ pay …