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Employment Law

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 …

Columbus cop quits following furor over YouTube tirade

11/01/2007

A Columbus patrol officer resigned after coming under fire for a series of hostile homemade videos she broadcast on the web site YouTube.com. In the videos, the officer and her sister called blacks, Jews, Cubans and illegal immigrants “filthy” and “scumbags” …

Ohio employers make ‘Best Places to Work for GLBT’

11/01/2007

Five Ohio employers made the 2007 list of “Best Places to Work for GLBT Equality,” a ranking of employers’ policies affecting gay, lesbian, bisexual and transgender (GLBT) employees …

As ye ask, so shall ye receive

11/01/2007

It’s OK to pay employees more if they negotiate harder during an interview, an Ohio court recently affirmed in a lawsuit against the Grande Pointe residential care facility in Richmond Heights …

Family-Responsibility discrimination: A growing trend

11/01/2007

The EEOC has issued new enforcement guidance concerning disparate treatment of workers with caregiving responsibilities—or “family-responsibility discrimination.” The guidelines are designed to help determine whether a particular employment decision is discriminatory. Family-responsibility discrimination is not a new type of discrimination, but rather an application of the existing discrimination laws to a situation that is drawing increasing attention …