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Employment Law

Courts cut slack for employees who act as their own lawyers

10/01/2013
When a former employee sues and decides to represent himself in court, expect an expensive case. That’s be­­cause courts typically give so-called pro se litigants every benefit of the doubt, since they don’t have attorneys to guide them (or tell them their cases don’t have a chance).

Review whether partially disabled employees can be removed from workers’ comp

10/01/2013

Do you have former employees collecting both workers’ compensation and partial disability benefits for an on-the-job injury? Thanks to a recent Court of Appeals of North Carolina decision, now is a good time to see if they may no longer be eligible for those workers’ comp benefits.

Upset you didn’t get the job? Well, did you apply for it?

10/01/2013
Here’s a common-sense ruling: Applicants and employees can’t simply assume they won’t get a job and then sue when the self-fulfilling prophesy comes true. They must make an effort to get the job when it’s clear how to apply.

Elevator company settles with shafted employee

10/01/2013
Schindler Elevator Corp. has agreed to settle an EEOC race discrimination lawsuit filed after it laid off a black elevator mechanic from its Charlotte office, even though he was rated higher than almost all his white co-workers who were retained.

Police want info about an employee? Respond, be honest

10/01/2013
If you’re honest when law enforcement officials ask for information about a potential crime involving an employee, the worker can’t sue for false arrest, even if he’s not formally charged or eventually is found not guilty.

Don’t let court take employee’s word on hours

10/01/2013
Here’s a case that should send chills down your spine if you don’t keep meticulous records of every hour worked. A court has allowed a case to proceed based on little more than a worker’s vague allegation that she wasn’t paid overtime for hours in excess of 40 per week.

Faith events require reasonable accommodation

10/01/2013
Employees are entitled to reasonable accommodations for their religious needs, which can include time off to attend religious services. The key is reasonable. If you can document that, under the circumstances, a request is unreasonable, you don’t have to make the accommodation.

What should we do about executive’s offer of special leave allotment?

09/30/2013
Q. The daughter of one of our executive assistants was recently diagnosed with an illness that will require extensive treatment. Her boss offered her “a few extra weeks of paid vacation” to care for her daughter. He told her this before HR had an opportunity to talk to her about options for time off. We don’t think the special treatment would be received well by staff outside of the executive wing. Do we have to provide what he promised even if it’s against company policy? Is it even legal?

What are the rules on paying for time spent putting on protective gear?

09/30/2013
Q. Our company policy states that employees are not compensated for the time spent changing into their uniforms, which includes special protective wear. A new employee was surprised to find out he couldn’t clock in before getting geared up. Are we required to pay ­workers for that time, or is it up to the discretion of each individual company?

Restaurateur tries the ‘I yell at everyone’ defense

09/30/2013
The subject of an EEOC gender discrimination lawsuit claims he berates all his employees, not just the women. The owner of Ricardo’s Restaurant in Erie said so in a response to a sexual harassment suit filed against him by a former employee.