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Employment Law

Unions in the spotlight: What employers can and can’t do

03/01/2011
The labor relations tug-of-war in Wisconsin—pitting state government against unionized public employees—could go either way. It might sound the death knell of organized labor. Or it could spur renewed organizing by labor unions in all employment sectors. If your workers suddenly expressed an interest in union representation, would you know how to react?

Can you refuse to hire candidates who are currently unemployed?

03/01/2011
You may have seen it in the classifieds: “Must be currently working.” Is that legal? Some state legislatures want to prohibit “unemployment discrimination.” And given the nature of post-recession America’s out-of-work population, there may be an even more compelling reason not to exclude the unemployed.

How to make the leap to electronic HR records

03/01/2011
Many employers are making the leap to “paperless” HR. Digital records are easy to access and cheap to archive. But despite the many benefits of electronic records storage, a host of legal problems could derail even the best-intentioned digital records plan. Here are the issues to consider before you make the transition.

Remind bosses: Reference check calls go to HR

03/01/2011
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. One reason: A whole new industry has emerged to help former employees find out what their old bosses are saying about them. That makes it more important than ever to refer all reference check calls to HR.

High court opens door to ‘third party’ retaliation

03/01/2011
The U.S. Supreme Court last month widened the circle of people who can bring retaliation lawsuits under Title VII of the Civil Rights Act. As a result, HR and supervisors everywhere must be extra cautious about handing out discipline or terminations that could be construed as some sort of retaliation.

Sample Policy: Harassment

02/28/2011
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Durham testing company settles religious bias lawsuit

02/28/2011

Durham-based educational testing firm Measurement Inc. has agreed to pay $110,000 to settle an EEOC religious discrimination suit filed on behalf of a former employee who belongs to a Christian denomination known as the Children of Yisrael.

Severance agreement holds up, despite unusual promise

02/28/2011
Finally, some good news for employers! A severance agreement that releases all claims against the employer will likely be enforceable in North Carolina, even if the employee claims her supervisor promised other benefits.

Warn bosses: Talk of protected characteristics can flag bias

02/28/2011
Here’s a warning you should make sure supervisors hear loud and clear: No one in management should ever mention a protected characteristic (such as age, race or gender) while discussing a promotion or hiring decision.

Not everyone wears a halo: Courts don’t expect perfect work environment

02/28/2011
Some employees act like they expect everyone at work to be on their best behavior all the time, never doing or saying anything even mildly offensive. That’s just not realistic.