• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Get tough on vague, incomplete FMLA forms

07/26/2012

Here’s good news for employers trying to manage FMLA leave and prevent abuse: If an employee’s FMLA certification form is incomplete or vague, you don’t have to accept it … you can deny FMLA leave to that person. Just make sure you give the employee at least seven calendar days to correct deficiencies on the form.

Review severance packages to limit liability for age bias

07/25/2012
When employers offer severance packages, they often ask employees to waive their rights to sue the employer. That’s a smart strategy, but small discrepancies in the agreement’s wording can make the difference between a successful severance package and a call from the EEOC.

Family Dollar signs on to EEOC’s mediation program

07/25/2012
Matthews-based retailer Family Dollar is the latest employer to take up the EEOC’s offer to mediate its em­­ployment disputes. It has signed an agreement—known as a National Universal Agreement to Mediate (UAM)—that allows employers to use EEOC mediators to informally resolve discrimination complaints through alternative dispute resolution.

Over time, firefighters change view of overtime

07/25/2012
Five Rockingham firefighters are suing the city, claiming it violated the FLSA when it instituted a new system for calculating overtime in 2010. The change occurred following a lawsuit filed by 10 firefighters in 2009. The city claims the current system is the one firefighters sought in their 2009 suit.

EEOC sews up settlement with Asheboro textile firm

07/25/2012
Asheboro-based BJ Con/Sew will pay $75,000 to settle an EEOC national-origin harassment lawsuit filed on behalf of a former employee who says he endured almost daily ethnic slurs for two years.

After surgery, look for ways to accommodate employee

07/25/2012

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

Beware jumping the gun when firing injured worker

07/25/2012
Before terminating an employee who has racked up absences that may or may not be related to a workplace in­­jury, make sure she has had a chance to show that the injury contributed to her attendance problems.

Don’t expect quick dismissal just because employee has decided to act as his own attorney

07/25/2012
When an employee represents himself, prepare for a fight—even if you know the claim doesn’t have much merit. That’s because courts don’t like to toss out cases without giving every benefit of the doubt to employees who can’t find attorneys to represent them.

Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?

07/25/2012
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.

When employee requests religious accommodation, be sure to consider all possible options

07/25/2012
When an employee approaches you about a religious need that requires accommodation, make sure you consider all the details. Don’t rely on a standard response.