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Terminations

Any deviation from company rules may arouse suspicion

05/30/2008
When it comes to discrimination lawsuits, the earlier they are dismissed, the better. That’s one reason you don’t want to give a judge any incentive to send a case to a jury. Of course, deviating from your own company rules is one of those things that often leads judges to order a jury trial …

Arlington hotel settles pregnancy discrimination suit

05/30/2008
Arlington Host Corp., which formerly owned and operated the BallPark Inn in Arlington, settled a pregnancy discrimination lawsuit for $20,000 brought by the EEOC on behalf of a front-desk clerk who was pregnant when she lost her job …

Public employers, take note: Some employee speech may be protected

05/30/2008
Public employees have some rights that other employees may not. One of those is the right to speak out on matters of public importance without being punished. But that right isn’t available to employees performing their official duties …

New worry serves as reminder to document discipline

05/28/2008
Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

Public employee free speech: Only statements of ‘Public concern’ protected

05/28/2008
The U.S. Constitution’s First Amendment protects public employees from being fired for engaging in some forms of free speech—but that protection is quite limited. For example, the right to free speech doesn’t mean that public employers can’t sack employees who maintain explicit or offensive web pages …

An introduction to North Carolina Employment Security Law

05/28/2008
 The North Carolina Employment Security Law provides unemployment compensation benefits for some employees who lose their jobs. To qualify, unemployed workers must have registered for work and periodically report to an unemployment office. Occasionally eligibility disputes find their way into court …

What does N.C.’s civil rights act provide?

05/28/2008
Q. Does North Carolina have a state civil rights act that applies to private employers? …

Be prepared to prove reorg or cost cutting as layoff reasons

05/28/2008

Gone are the days when employers didn’t have to justify reorganizations or layoffs. Now—given the prevalence of electronic communications—you can expect a court to ask you to produce just about every piece of information used to determine who lost their jobs and who kept them …

It’s absolutely essential to treat all employees equally

05/28/2008
A newly released North Carolina Court of Appeals opinion makes it clear that employers have to make absolutely sure they are treating all similarly situated employees alike …

Letter carrier preferred not to

05/28/2008
U.S. Postal Service (USPS) investigators have discovered 100,000 pieces of undelivered mail at an Apex postal worker’s home. The mail, which was stacked on the letter carrier’s back deck, dated back as far as six years …