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Employment Law

The FMLA calendar: 4 methods to counting an ‘FMLA year’

12/20/2011
The DOL’s FMLA regu­­la­­tions provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.

Asthmatic fired after creating his own accommodation

12/20/2011
Whenever an employee reveals a disability, employers must explore reasonable accommodations. The EEOC clearly doesn’t consider it reasonable to send an employee home and then fire him, as the following case shows.

Refusing hair-sample drug test trims firm’s bank account

12/20/2011
G2 Secure Staff has settled a disability discrimination charge stemming from poor hiring practices at Raleigh-Durham International Air­­port, where the company provides security services.

Medical device manufacturer faces religious bias suit

12/20/2011

The EEOC has filed suit against Medi­­cal Specialties Inc., alleging it discriminated against Evelyn Lock­­­­­­hart because of her religion. She is a member of a Christian denomination whose practitioners are forbidden to work on certain days.

Feds: Papas Grille was good ol’ boy’s club

12/20/2011
Papas Grille in Durham is facing an EEOC lawsuit alleging it failed to address sexual harassment complaints from two women who worked in the kitchen.

When employee sues, always check EEOC filing date

12/20/2011
One of the easiest ways to win a bias or harassment lawsuit is to get it dismissed on the grounds that the employee who is suing missed the 180-day deadline for filing an EEOC complaint or never filed at all. Check with the EEOC, and then pass the information to your attorneys.

Take every suit seriously–even those in which employee is acting as her own lawyer

12/20/2011
Smart employers never ignore lawsuit filings—even if the allegations sound ridiculous and they’re coming from someone who is acting as her own lawyer.

Start new year with thorough review of your sexual harassment policies and practices

12/20/2011
More than a decade after creating their first sexual harassment policies, some employers may be getting lax. That might be especially true if they haven’t received any complaints. If that rosy scenario sounds like your organization, you might be courting trouble.

EEOC has bone to pick with Asheville steakhouse

12/20/2011
Ryan’s Steakhouse in Asheville has the EEOC sizzling after one of the eatery’s managers berated and eventually fired a 79-year-old worker.

Problems surface during FMLA leave? Fire away!

12/20/2011

Sometimes, you won’t find out about an employee’s mistakes until she’s not there to cover them up. If an employee went on vacation and you then discovered she was stealing, you wouldn’t hesitate to fire her, right? That shouldn’t change just because her absence was due to an illness.