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Employment Law

After FMLA ends, consider offering more leave

01/03/2013
Do you have a draconian FMLA leave policy that requires automatic termination for employees who use up their entitlement before being cleared to return to work? If so, you’re playing with fire.

How to win discrimination lawsuits: Carefully document real performance problems

01/01/2013
Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance. It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board.

New York towns may discipline cops outside terms of union contract

12/30/2012

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

When does extra work become a separate job?

12/27/2012

Q. We have an hourly employee who does clerical work during her normal 40 hours. She would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or could it be a separate payment?

Winter turns up the heat on wage-and-hour compliance

12/21/2012
Winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult. If employees have a hard time getting to work, here’s the FLSA compliance guidance you need.

Orthopedic manufacturer settles religious bias suit

12/19/2012
Gaylord Inc. of Wadesboro will pay $55,000 to settle a former em­­ployee’s religious discrimination lawsuit against the orthopedic and sports medicine products manufacturing company.

Lumbee Tribe faces EEOC sexual harassment charges

12/19/2012
A former employee of the Lumbee Indian Tribe is suing the tribe, alleging her former boss sexually assaulted her and subjected her to severe sexual harassment.

Employee representing herself can always change mind

12/19/2012
Employees who act as their own lawyers often miss important court deadlines. If that happens, don’t jump for joy just yet. The employee may still hire an attorney who will probably know how to get parts of the lawsuit revived in the interest of fairness.