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Employment Law

When using temps, make sure temp agency retains control of employment relationship

07/17/2013

Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.

Facial faux pas: Can a manager’s ‘smirk’ justify a discrimination lawsuit?

07/16/2013

Employees who feel wronged in the workplace will look for any evidence to justify their grievance. But here’s some good news: An employee’s interpretation of a manager’s facial expressions isn’t enough for a successful lawsuit. A smirk isn’t evidence.

Does a tax ID number authorize foreigners to work?

07/15/2013
Q. Do the individual taxpayer identification numbers (ITIN) issued by the Department of the Treasury authorize an alien to work without any other documentation, such as an employment authorization? 

High Court invalidates DOMA, creating uncertainty for Payroll

07/12/2013
The U.S. Supreme Court on June 26 ruled that Section 3 of the federal Defense of ­Marriage Act—the section that limits marriage to heterosexual couples for federal benefits—unconstitutionally denies legally married same-sex couples equal protection. The Court specifically mentioned the taxability of health benefits for same-sex spouses, an issue the IRS must now address.

Employment status notification bill proposed

07/10/2013
A bill before the North Carolina House of Representatives would require employers to give employees notice of their employment status at the time of hire and when any material change in the employment relationship occurs.

High Point firm hit with $1.5 million harassment verdict

07/10/2013
High Point-based New Breed Logistics apparently has some old boy problems at its Memphis, Tenn., location. A warehouse supervisor’s misdeeds have now cost the company $1.5 million, plus legal fees, after a federal jury found the company guilty of harassing and firing three female temporary workers.

Admitted wrongdoing is grounds for discharge

07/10/2013
If you think an employee has broken a rule, ask her. If she admits she did, that’s reason enough to terminate her. Just make sure you ask the question of every suspected rule-breaker before disciplining them.

Don’t worry that an innocent mistake will doom your case

07/10/2013
Employers sometimes mess up for perfectly innocent reasons. Everybody makes mistakes, and courts are usually quite hesitant to punish those mistakes if there’s no evidence showing some nefarious intent to harm an employee.

Think twice before firing employee who needs to take short disability leave

07/10/2013
Too many employers assume they can simply discharge a worker who isn’t yet eligible for FMLA leave, doesn’t have any other leave available and can’t work for a short period of time. That’s simply not always true. If the employee qualifies as disabled under the ADA, he may be entitled to a short leave as a reasonable accommodation.

Warn bosses: Shut up about working women!

07/10/2013
The office is no place to discuss gender roles or women’s presence in the workplace. Be sure to warn supervisors against such talk, even in private.