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Employment Law

FMLA: All managers can face personal liability for leave mistakes

01/01/2007

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled …

North Carolina Workers’ Compensation Act

01/01/2007

North Carolina’s workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The state Industrial Commission (www.comp.state.nc.us/) administers the law …

North Carolina Retaliatory Employment Discrimination Act

01/01/2007

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA …

Can you face legal risk for completing salary surveys?

12/01/2006
To set competitive salaries, you've probably filled out compensation surveys and maybe even managed such surveys yourself. But recent classaction lawsuits have led some HR professionals and business execs to rethink their participation in (or hosting of) such surveys.

Offer at least 15 days to turn in FMLA paperwork

12/01/2006
An automotive company granted a welder FMLA leave until Dec. 10. But due to medical complications, she called on Dec. 4 requesting an extension. A company nurse orally approved the extension but asked for certification.

Handle application liars consistently: Reject all or none

12/01/2006

As an employer, you can’t always wait on a background check before offering a job, so you have to rely on applicants’ oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty …

Contract will still stick, even if employee fails to read it

12/01/2006

When faced with a multipage employment contract, some job candidates and employees may be tempted to skip a careful reading before they sign on the dotted line. But state courts won’t excuse employees who claim that they didn’t understand the employment terms because they never read them …

Even Lateral Transfer Can Be Declared ‘Illegal Retaliation’

12/01/2006

Whenever one of your employees files a discrimination claim, you now need to be ultracautious about making any changes to that employee’s job. That’s because almost any change—including lateral transfers with the same pay and title—can now be deemed an illegal "adverse employment action" by the court …

Disability harassment costs Wall Street firm half million

12/01/2006

Wall Street securities firm LaBranche & Co. agreed to pay former trading assistant Peter Servidio $500,000 to settle his disability harassment lawsuit …

During lawsuit, don’t inquire about worker’s immigration status

12/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance …