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Employment Law

Workers’ comp disability doesn’t mean automatic ADA coverage

07/25/2008
Employees receiving partial workers’ compensation benefits based on job-related injuries might think they are automatically entitled to reasonable accommodations under the ADA, too. But that’s simply not true. In fact, the ADA requires an individualized assessment. Receiving workers’ compensation isn’t enough …

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

Warn managers about personal liability

07/25/2008
One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

Legally speaking, sheriff and deputies aren’t county employees

07/25/2008
Gary Edwards, Deputy Deborah Nelson and Deputy Anthony Smith arrived on the scene to find Billy Ray Cook crawling on his stomach in the street. Upon spotting the officers, Cook began yelling, “Please don’t let them shoot me.” Cook strenuously resisted being cuffed and shackled, so the officers shocked him with their Tasers. Unfortunately, this—combined with a massive quantity of cocaine in Cook’s system—killed him …

Bargaining or bribery?

07/25/2008
After several months of wrangling with the State Employee Association of North Carolina (SEANC) over a records request, State Treasurer Richard Moore upped the ante in June by accusing the association of attempted bribery …

You could be personally liable for injuries under N.C. workers’ comp law

07/25/2008
On-the-job injuries generally are covered by the North Carolina Workers’ Compensation Act and the required workers’ compensation insurance. That means employers are not liable for negligence, and that employees receive benefits under the act whether or not their employers were negligent and whether or not the employees were contributorily negligent. But in certain cases the employer and its managers—as well as co-workers—can be liable for certain workplace injuries …

OK to refuse to pay unauthorized overtime?

07/25/2008
Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …