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Employment Law

Workers’ comp: Facebook ‘evidence’ can be used

02/28/2012
When an Arkansas employee tried to get workers’ comp benefits due to a back injury, the administrative law judge found there was no medical evidence to support the claim. One strike against the worker: photos on Facebook that seemed to show him moving fine while drinking and partying.

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Raleigh KFC agrees to settle EEOC harassment lawsuit

02/24/2012
A Kentucky Fried Chicken franchisee will pay $277,000 to resolve sexual harassment complaints from a group of women who worked at a store in Raleigh.

Winston-Salem Dairy Queen faces harassment charges

02/24/2012
The manager of a Winston-Salem Dairy Queen restaurant thought he was getting rid of a problem employee when he fired Chastity Hill-Cox. His problems were only beginning. The EEOC and Hill-Cox are suing Dairy Queen for sexual harassment …

What turkey fired the HIV-positive employee?

02/24/2012
Butterball, the Garner-based turkey processor, faces EEOC disability discrimination charges after it allegedly tolerated harassment against an HIV-positive employee and then fired her after she complained.

Workers’ comp doesn’t cover supervisor sexual harassment

02/24/2012
When a supervisor sexually harasses a subordinate, the subordinate has a potential Title VII lawsuit. However, she does not have a workers’ compensation claim.

Remind bosses: Ignoring safety rules is negligence risk

02/24/2012
Ordinarily, employers aren’t liable for workers’ injuries. Workers’ compensation insurance covers them. But if managers ignore safety guidelines that they know could prevent injuries, the employee can sue.

Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint

02/24/2012
In addition to protecting ­­employees’ wage-and-hour rights, the Fair Labor Standards Act protects employees from retaliation for asserting their pay rights. But until now, it was unclear whether it was protected activity to file an internal report that someone within the organization was violating the FLSA. The 4th Circuit has ruled that it is.

Use ‘reasonable person’ test to gauge threat of lawsuit for allegedly offensive speech

02/24/2012
If a reasonable person wouldn’t find mild, isolated comments out of line, an overly sensitive employee will have a hard time arguing that they were offensive enough to warrant a lawsuit.

Dubious request for ADA accommodation? Be prepared to document rationale for denial

02/24/2012

What should you do if an employee produces a health care professional’s diagnosis of stress, anxiety and post-traumatic stress disorder (PTSD), along with a recommendation to reassign the employee? Do you accept that the employee is disabled and consider the reassignment as a reasonable accommodation?