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Employment Law

It’s OK to punish drunk worker for misconduct, but not for his disability

01/31/2011

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s simply not true. Employers can and should punish behavior that is disruptive, wrong or breaks company rules, even if that behavior may be tangentially related to a disability of some sort.

Subway franchise failed to act, now must pay for harassment

01/28/2011
A Wilmington company that operates several Subway restaurants will pay two former employees $55,000 to settle sexual harassment complaints against an assistant store manager. The EEOC sued SKMATCH Inc. in federal court after attempting to resolve the dispute without going to court.

Good records mean you’re always prepared for court

01/28/2011
Here’s a truism that should help you sleep better at night: If you keep good records and track all discipline, you’ll seldom lose discrimination lawsuits.

Don’t shoot messenger when you uncover possible bias

01/28/2011
Employees who provide information about possible discrimination to the EEOC are protected from retaliation for doing so. Courts generally protect the EEOC’s ability to conduct investigations. They don’t like to see cooperating employees discouraged from answering questions.

Make sure documentation tells complete story of terminated worker’s conduct

01/28/2011

Employees who are fired don’t have much to lose by suing their former employer. And once they start talking to a lawyer, they often suddenly “remember” all kinds of terrible things their co-workers and supervisors did. Counter revisionist employee hindsight with good documentation of every interaction leading up to the termination.

Never tolerate co-worker sex harassment, even if harm comes from words, not deeds

01/28/2011
Employers have an obligation to open up jobs in all fields to qualified individuals of both sexes. And they must make sure women aren’t being targeted for harassment by their male co-workers.

No requirement to tell about drug retest rights

01/28/2011

North Carolina has stringent rules to ensure that employers test their employees for drug use in an accurate and reliable way. The law requires retaining enough of the blood or urine sample so a second test can be conducted if necessary. However, the law doesn’t require employers to tell employees about their retesting rights.

When hiring, never mention age–to anyone

01/28/2011

Many employers have lost failure-to-hire cases alleging age discrimination because a manager involved in the hiring process mentioned age at some point during the process. The comment need not even be made to the job applicant’s face. Anything age-related said to a co-worker is fair game in court, too.

Snow days: Must you pay when weather keeps workers home?

01/28/2011

In the wake of the recent snow emergencies that swept across the Northeast, many employers have been trying to figure out when and if they have to pay their employees when work is shut down due to severe weather conditions. For the most part, the answer depends on an employee’s status under the Fair Labor Standards Act.

Newark software firm settles H-1B visa complaint

01/28/2011
Newark-based Peri Software and its owner have agreed to pay $638,449 in back wages and interest to 67 employees after the company misused the H-1B visas the workers used to enter the United States.