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Employment Law

Former employees can sue for retaliation, too

03/01/2008
Until recently, courts generally have ruled that retaliation applies only to current employees. But thanks to a recent 4th Circuit Court of Appeals decision, which covers North Carolina employers, it’s now clear that former employees can sue for post-discharge actions when their claims involve the Fair Labor Standards Act …

Make sure you fairly distribute dangerous assignments

03/01/2008
Are some assignments within your organization more dangerous than others?  Make sure you don’t dump those duties on members of a protected class. Instead, distribute those tasks evenly so no one can claim he or she was singled out for hazardous assignments because of race, national origin or some other protected characteristic …

No need to ‘Totally’ accommodate religious practices

03/01/2008
When it comes to providing employees with the time they need to practice their religion, the key word is “reasonable,” not “total.” An employer doesn’t have to bend over backward to provide all the time off an employee’s religion may demand if doing so creates morale problems among co-workers who have to pick up the slack …

Discrimination claims harder for employees to make if bias is ancient history

03/01/2008
Just because an employee experienced unfair treatment years ago doesn’t mean you have to ignore recent poor performance. You can discipline the employee as long as the charges are fair, accurate and unbiased now …

Discrimination costs grocery chain $40,000

03/01/2008
Eugene Gates Jr. had worked as a meat slicer in a Charlotte grocery store for nearly 40 years when it was purchased by Compare Foods, of Freeport, N.Y. Shortly after the buyout, the company cut his hours in half and gave his shifts to a young Hispanic worker, telling Gates the company needed someone who could better relate to the store’s customers …

Smithfield lawsuit against UFCW gets green light

03/01/2008
A federal judge has given the go-ahead to Smithfield Foods’ racketeering lawsuit against the United Food and Commercial Workers International Union (UFCW), but cautioned Smithfield that to succeed, it will have to specifically allege how the union will profit from its actions …

Raleigh’s Golden Corral faces sexual harassment suit

03/01/2008
Four former employees are suing Raleigh-based Golden Corral Corporation for sexual harassment they say they endured while working in a restaurant in Port Richey, Fla. The plaintiffs, two men and two women, claim they were repeatedly sexually harassed by three male workers, including an associate manager …

Henredon Furniture to pay $465,000 for racial harassment

03/01/2008
The EEOC has settled a lawsuit with Henredon Furniture Industries for $465,000 over harassment endured by black workers at its High Point manufacturing plant …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

Recouping training costs when workers leave

03/01/2008
Q. It costs a lot to train new employees, so naturally we are upset when those employees leave. They benefit from the training, and we are out the cost. Can we recover training costs if an employee leaves? …