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Employment Law

Track all disciplinary actions to head off disparate-Treatment claims

07/01/2007

When employees sue under the employment discrimination laws of Ohio, they often allege disparate treatment and try to show their employer treated members of their protected class (e.g., age, race, sex) more severely than other employees. The key to a good defense lies in tracking each and every disciplinary action when it occurs …

Prompt action by management is key to winning hostile-Environment lawsuits

07/01/2007

The Ohio Fair Employment Practices Act makes it illegal to subject employees to a racially hostile work environment. But not every hostile act does a lawsuit make. Much depends on management’s response to such hostility …

Melee in Medway: The Rough-and-Tumble World of Buckeye Banking

07/01/2007

Security National Bank & Trust (SNB) is responsible for a manager who literally kicked a customer out of the Medway branch office, the Ohio Court of Appeals has ruled …

Immortal words of Imus end state employee’s career

07/01/2007

A 60-year-old administrator in the state treasurer’s office was urged into retirement after she called a fellow worker a “nappy-headed ho” one week after radio personality Don Imus made the phrase famous …

Former comp bureau CFO faces prison time for kickbacks

07/01/2007

Former Ohio Bureau of Workers’ Compensation (BWC) CFO Terrence Gasper received a sentence of five years in federal prison for parceling out millions of dollars in agency investments in exchange for bribes …

Court: Constitution protects religious bulletin board messages

07/01/2007

A federal government agency’s policy barring “items of religious preference” from agency bulletin boards is unconstitutional, the U.S. District Court, Southern District of Ohio ruled …

Injured Honda worker loses ADA suit

07/01/2007

A Columbus inspection-repair worker lost his ADA lawsuit against Honda because his disability left him unsuited to work in the plant …

‘Chronic’ FMLA leave causing HR headaches

07/01/2007

If you’re having trouble determining when you must grant FMLA leave to employees who suffer recurring health problems, you’re not alone. Nearly two-thirds of HR professionals say they’ve experienced such problems, leading to morale issues and productivity loss …

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Qualify for professional exemption? Check job, not degree

07/01/2007

The Fair Labor Standards Act (FLSA) requires that employees who work more than 40 hours a week receive overtime for the extra hours. But many jobs and positions are exempt from FLSA OT rules …