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Employment Law

Across the table: 10 tips to help you prepare for a deposition

10/11/2010
A deposition may feel like a simple conversation between the parties in a lawsuit, but it isn’t. It’s a tool used by a highly skilled practitioner to lock-in your side of the story, build his or her case and evaluate you as a trial witness. Here are the top 10 things to think about as you prepare to give testimony in a deposition.

6th Circuit’s surprise call: Pregnancy ‘impairments’ are disabilities

10/08/2010

The ADA expressly excludes pregnancy as a disability. The law says so, and I’ve always believed it to be true. But now a new decision has turned that notion on its head—and that may mean you’ll have to make some changes to your policies.

Ohio settles with state workers who charged religious bias

10/08/2010

Without admitting any wrongdoing, the Ohio state government has settled a religious discrimination suit brought by three former members of the Workers’ Compensation Council. The three workers will split $55,000, plus $15,000 in attorneys’ fees after they were fired in February by Council Director Virginia McInerney.

Hyundai Ideal Electric faces pay bias suit

10/08/2010

The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.

Boorish behavior isn’t always harassment

10/08/2010
Employers aren’t liable for every problem between co-workers. Experiencing boorish or childish behavior isn’t enough for an employee to win a lawsuit.

When it comes to firing offenses, be sure you can show you treated everyone equally

10/08/2010

Especially in a lousy economy, fired employees will look for a reason to sue. You must be able to defend every discharge against possible discrimination and retaliation claims. The only safe approach is to document that you treated every employee equally. You simply can’t cut slack for one employee and not another.

Don’t feel obligated to promote from within if better outside candidates are available

10/08/2010

It makes sense for employers to promote from within. But sometimes it’s better to choose a candidate from a broader pool of potential employees. That may mean some current employees will be disappointed—and may even sue. Recently, a federal court affirmed that internal candidates don’t have an automatic leg up and aren’t entitled to preferential promotions.

Make sure you ask for FMLA certification each time employee says she needs leave

10/08/2010

If an employer wants to challenge a request for FMLA leave, it must give the employee 15 days to get a medical certification showing she has a serious health condition. Until the employer makes the request, the 15-day period doesn’t start running. Disciplining or firing the employee before the time is up will most likely be considered an FMLA violation if it turns out the employee really did have a serious health condition.

Ohio’s outsourcing ban called biased against foreign firms

10/08/2010

Gov. Ted Strickland has issued an executive order banning outsourcing of the state government’s information technology and back-office functions. The move, viewed by many as an election year move to create jobs for Ohioans, has raised the ire of the National Association of Software and Services Companies.

FMLA: What to do when worker refuses OT

10/08/2010
Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.