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Employment Law

Always investigate discrimination complaints to ferret out boss bias, prevent retaliation

01/09/2012
Ignoring a discrimination complaint can set in motion an un­­stop­­pable litigation train wreck. That’s especially true if you fail to in­­vestigate a boss who ends up retaliating against the complaining employee.

Make termination decisions stick by documenting discipline at the time it occurs

01/09/2012

If you want a termination decision to stand up in court, make sure you carefully document all discipline that occurred before the firing—and do so at the time the discipline occurs. Otherwise, chances are a court or jury may assume the earlier incidents didn’t happen.

Elyria suit highlights harassment investigations

01/06/2012
Multilink, an Elyria-based supplier of computer networking equipment, is fighting off an EEOC sexual harassment lawsuit that might have been prevented if it had investigated an employee’s initial complaint.

Cuyahoga pays $100K to settle with gay former employee

01/06/2012
Former government employee Shari Hutchison has settled her discrimination complaint against Cuyahoga County for $100,000 after winning a landmark decision for gay and lesbian workers.

President proposes new pay rules for home health workers

01/06/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.

Minor lifting restriction doesn’t mean ADA disability

01/06/2012
Not every injury causes a disabling condition that qualifies for ADA protection.

Threatening suspension could be retaliation

01/06/2012
Warn bosses: Threatening someone with discipline may be retaliation.

Solid record-keeping is the key! Document pay criteria to shoot down EPA cases

01/06/2012

Employers are free to pay em­­ployees different rates based on training, experience and education. You’ll be fine as long as you can justify your pay criteria. However, an employee’s sex is never a legitimate differentiator.

Follow the certification trail when you suspect employee is gaming medical leave

01/06/2012
When asked to provide FMLA certification of their serious health condition from a health care provider, some employees may realize they can’t. One answer? Fake it. What’s an employer to do? There are several approaches you can take.

‘Cross-burning’ teacher files another appeal

01/06/2012
An Ohio science teacher who unsuccessfully sued to win back his job after being fired for branding a cross on a student’s arm and proselytizing his Chris­tian beliefs in the classroom has filed an appeal in federal court.