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Employment Law

NLRB ruling shows risk of Facebook discipline

07/31/2013
The National Labor Relations Board last month ordered a New York City tour bus company to reinstate a tour guide that it fired for his anti-company Facebook posts. It said his postings were considered “protected concerted activity” that related to the employer’s working conditions.

Fired in Fayetteville, former employee alleges racism

07/30/2013
A black man who was fired by the Fayetteville Public Works Com­mis­­sion (PWC) has filed a race discrimination lawsuit alleging that the commission consistently favors white employees over black employees.

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

EEOC seeks to block book company’s severance releases

07/30/2013
North Carolina-based national book distributor Baker & Taylor faces challenges to language in the release it includes in all its severance packages. The EEOC claims the release violates Title VII of the Civil Rights Act by forcing employees to sign “broad, misleading and unenforceable” agreements to receive severance pay.

Lexington diner pays to settle harassment and retaliation suit

07/30/2013
The Silver Diner in Lexington will pay $25,000 to a former waitress to settle claims she was sexually har­­assed by one of the diner’s owners. She claimed when she complained to other owners, her hours were cut. Ulti­­mately, the owners tired of her complaints and terminated her.

Consistent equal treatment trumps most retaliation claims

07/30/2013
Make sure you evenly apply your leave policies to all employees.

Indefinite leave isn’t a reasonable accommodation

07/30/2013
Sometimes, ­­employers must grant more time off to disabled em­­ployees if their FMLA and other leave has expired. But they don’t have to if doctors can’t estimate a return-to-work date.

Cull interview lists to ensure you include the most-qualified candidates

07/30/2013
Before you begin talking to candidates, make sure everyone you selected for an interview opportunity is among the best qualified, and that you haven’t passed over anyone who is obviously as well-qualified as other applicants. That’s the best way to avoid a needless failure-to-hire suit.

Discovered shoddy work during FMLA leave? You’re within your rights to terminate

07/30/2013
Once in a while, it takes an em­­ployee’s long-term absence to discover that she hasn’t been doing her job very well. Remember, the FMLA doesn’t provide protection from discipline that the employee would have earned had she not taken leave.

Concord Chick-fil-A sued for half-baked hiring approach

07/30/2013
The EEOC is suing a Chick-fil-A res­­tau­­rant in Concord, alleging violations of the Pregnancy Discrimination Act that almost any savvy HR professional would have known to avoid.