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Employment Law

HR pros, take note: Doing your job isn’t ‘Protected activity’

12/01/2007

Employees whose jobs involve telling their employers that they may be violating laws aren’t necessarily protected from retaliation under North Carolina law or under the federal Title VII—if the reporting concerns areas covered by the Civil Rights Act or the Fair Labor Standards Act …

OK to consider ambition when selecting who goes, who stays

12/01/2007

If your company’s business strategy includes promotion from within and constant innovation, unambitious employees may serve as poor role models. You may, in fact, want to ease them out in favor of new employees. Before you do, consider ways to light a fire under the feet of complacent employees. Here’s why this is crucial …

Paying commission? Get written agreement

12/01/2007

If your organization pays some employees on a commission basis, it may be a good idea to put it in writing. Relying on just an oral agreement may lead to trouble down the road—especially if the employee quits and says you owe him money. Without a written agreement spelling out the commission terms, a lawsuit probably will come down to his word against yours …

Smithfield Foods gets tough with union, files RICO suit

12/01/2007

Virginia-based Smithfield Foods Inc. has filed suit against the United Food and Commercial Workers International Union (UFCW), alleging it waged a two-year campaign of extortion to force the company to unionize its hog slaughterhouse in Tar Heel …

$20,000 ends Wal-Mart hair salon discrimination suit

12/01/2007

SmartStyle Family Hair Salon has paid $20,000 plus additional relief to settle a religious discrimination lawsuit brought by the EEOC …

Blackwater employees gain immunity for Baghdad shootings

12/01/2007

The U.S. State Department granted immunity from prosecution to Blackwater USA bodyguards involved in the September shootings that killed 17 Iraqi civilians. The immunity deal delayed a criminal inquiry into the events and will make it difficult to prosecute the security contractors …

Independent investigations by HR remove bosses’ biases

12/01/2007

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved …

Supervisors need to know: Honest performance assessments essential

12/01/2007

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out …

After verdict flip-Flops, state wins pay restructuring case

12/01/2007

Madison State Hospital had a nursing shortage on its night shift. To solve the problem, the state of Indiana commissioned a compensation study that helped it decide to raise the wages it paid to night shift nurses. Karen Ferguson, a nursing supervisor, filed a complaint with the State Employees’ Appeals Commission (SEAC), claiming that in many cases night nurses earned more than nursing supervisors …

Indianapolis FD settles to put out sexual discrimination fire

12/01/2007

The Indianapolis Fire Department has agreed to pay $350,000 to settle a sexual discrimination suit filed by a female captain. The captain claimed she was harassed, unjustly disciplined and not considered for promotion …