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Employment Law

Past reviews don’t prove today’s performance

09/03/2012
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Employers face EEOC reporting deadline on Sept. 30

08/30/2012
In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year.

Does ‘introductory period’ affect at-will status?

08/29/2012

Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?

Payroll records: Know exempt, nonexempt timekeeping requirements

08/28/2012
Employers subject to the Fair Labor Standards Act must keep rec­­ords for both nonexempt and exempt employees. The regulations don’t say which types of record-keeping or time­­keeping methods you should use, but they do specify the necessary data you need to maintain on all employees. Here’s the guidance you need to stay in compliance.

Outer Banks hotel sued for Christmas Eve firing

08/28/2012
The Comfort Inn Oceanfront South in Nags Head has been charged with religious discrimination after it fired a woman who says her religion forbade her from working on Christmas Eve 2010.

Suit claims religious group discriminates against women

08/28/2012
Asheville Buncombe Community Chris­­tian Ministry is being sued by the South­­ern Pov­­erty Law Center (SPLC), which claims the ministry illegally refuses to provide some kinds of training to women.

Forsyth sheriff defends firing in motorcycle raffle kerfuffle

08/28/2012
Forsyth County Sheriff Bill Schatz­­man has denied any wrongdoing in the firing of Sgt. Michael T. Russell, an Iraq War veteran. Schatzman claims he fired Russell for “disloyalty.” Russell calls it retaliation.

Lenoir company folded–but must still pay bias settlement

08/28/2012
The management team behind what’s left of Lenoir-based Caldwell Freight Lines just learned a harsh lesson: The EEOC will come after you even if you are no longer in business.

Double-check: Do employees know how to report bias?

08/28/2012
Before federal employees can file a discrimination complaint, they must first talk to their agency’s EEO officer and formally complain within 45 days. There’s no excuse for not following that rule, as long as training materials address the requirement and bulletin boards include the notice.