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Employment Law

Appeals court dumps whistle-Blower’s claim

04/23/2008
A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, former training director at the Sanford vaccine plant of pharmaceuticals giant Wyeth Inc. The company fired Livingston in December 2002 …

Justice Department settles harassment suit with N.C. A&T

04/23/2008
The U.S. Department of Justice has settled a sexual harassment lawsuit with North Carolina Agricultural and Technical State University for $57,000. The university will pay $29,000 to Tasha Murray and $26,000 to Mattie Smith for sexual harassment they endured while working in the university’s Department of Police and Public Safety …

Wachovia sued for back wages

04/23/2008
Carrie Williams, an employee at a Wachovia call center in Alabama, has filed a lawsuit alleging the company failed to pay employees for time spent logging onto computers before taking calls …

When a former employee steals customers

04/23/2008
Q. One of our employees left and is stealing our customers. Can we sue him for breach of the duty of loyalty? …

When weighing soft skills, document decisions

04/22/2008
Employers can ask questions about candidates’ subjective qualities, especially when many applicants are objectively qualified. But don’t risk a discrimination lawsuit by carelessly documenting how you arrived at ways to distinguish applicants … 

Good faith is the key to litigation-Proof employment decisions

04/22/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news, because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

Tell supervisors to zip it! Little digs can add up to retaliation

04/22/2008
When supervisors have to work with an employee they view as a troublemaker, they sometimes look for subtle ways to exact punishment. If the so-called troublemaker got that title because he constantly complains that his co-workers are being discriminated against, supervisors should lay off …

South Bend postal boss’s comments not harassment

04/22/2008
Jennifer Ohda was hired in 2004 as a part-time mail carrier for the U.S. Postal Service in South Bend. On her first day, Ohda was assigned to a male training officer named Dale. At the end of Ohda’s shift, a supervisor, Linda Batteast, said, “Dale, tell your little helper to go home tonight and eat something.” …

What HR pros should know about trade secret misappropriation

04/22/2008
When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it …

Prepping for work: How much time do you have to pay for?

04/21/2008
Perhaps no other aspect of the Fair Labor Standards Act (FLSA) is more confusing than the so-called “donning and doffing” provisions. Exactly what preliminary preparation before work and cleanup after work should be included in paid time? Fortunately, a recent case helps clarify that employers don’t need to pay workers for many preliminary and post-work activities …