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Employment Law

Clear policy, training: Your best defenses against co-worker harassment lawsuits

10/02/2012
Is your sexual harassment policy up-to-date? If it has been gathering dust and is largely ignored, you are creating possible co-worker sexual harassment liability.

No class action in lawsuit against trucking company

10/02/2012
Chalk up a win for employers that fear huge class-action lawsuits. A North Carolina judge has decertified a class action against CEVA Freight, a freight hauler. The suit had alleged the company was underpaying some 2,000 drivers across the nation.

Burke County boss didn’t know racial slurs offended

10/02/2012
A supervisor for the Burke County De­­partment of Social Services claims she did not know that calling black people bigoted names would offend them—and might even lead to a federal lawsuit. The U.S. Department of Jus­­tice has set her straight on this score.

FMLA: Second medical opinion is your option

10/02/2012

The FMLA allows employers that don’t want to accept an employee’s medical certification to ask for (and pay for) a second opinion. If the two opinions contradict one another, the employer may pay for a third, tie-breaking assessment. But that can be expensive. If you prefer to simply deny the employee’s leave request, that’s fine.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Same offense, same discipline? Not necessarily

10/01/2012

You’re probably aware that, generally, you should issue the same discipline to everyone who breaks the same rule. But that isn’t always the case. As long as you can explain why one employee deserved harsher punishment, a judge probably won’t second-guess you.

Got a hugger on your hands? Prepare to wrap your arms around a lawsuit

09/28/2012

Having a good sexual harassment policy in place doesn’t mean much if your supervisors ignore it. Take, for example, a supervisor who we might call “touchy-feely.” He greets employees with a hug. He may kiss them on the cheek or pat them on the back. That may escalate into a sexually hostile work environment.

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Is there an hourly threshold employees must pass to earn paid holidays?

09/26/2012

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?

Is ‘he who hired also fired’ a good defense against discrimination charges?

09/26/2012
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?