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Terminations

Management bias not necessarily enough to justify quitting

06/03/2008
Employees who complain that other employees have been discriminated against can’t just walk off the job and sue, claiming their working conditions were intolerable. The workplace must be more than merely unpleasant to justify a claimed constructive discharge …

Be sure to coordinate with FMLA administrator before firing

05/30/2008
If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …

‘Just the facts’ answer is key to avoiding reference trouble

05/30/2008
One of the quickest ways to get into reference trouble is to agree to provide information on a former employee and then offer up incorrect or misleading statements. Giving a favorable reference on a former employee who performed (or behaved) poorly can be extremely risky …

Any deviation from company rules may arouse suspicion

05/30/2008
When it comes to discrimination lawsuits, the earlier they are dismissed, the better. That’s one reason you don’t want to give a judge any incentive to send a case to a jury. Of course, deviating from your own company rules is one of those things that often leads judges to order a jury trial …

Arlington hotel settles pregnancy discrimination suit

05/30/2008
Arlington Host Corp., which formerly owned and operated the BallPark Inn in Arlington, settled a pregnancy discrimination lawsuit for $20,000 brought by the EEOC on behalf of a front-desk clerk who was pregnant when she lost her job …

Public employers, take note: Some employee speech may be protected

05/30/2008
Public employees have some rights that other employees may not. One of those is the right to speak out on matters of public importance without being punished. But that right isn’t available to employees performing their official duties …

New worry serves as reminder to document discipline

05/28/2008
Publicly traded companies have a new worry: Employees can use the whistle-blowing provisions of the Sarbanes-Oxley Act (SOX) as another way to get back at employers when they are disciplined or fired. SOX makes it illegal to discipline an employee who complains that the company may be violating the Securities Exchange Act.

Public employee free speech: Only statements of ‘Public concern’ protected

05/28/2008
The U.S. Constitution’s First Amendment protects public employees from being fired for engaging in some forms of free speech—but that protection is quite limited. For example, the right to free speech doesn’t mean that public employers can’t sack employees who maintain explicit or offensive web pages …

An introduction to North Carolina Employment Security Law

05/28/2008
 The North Carolina Employment Security Law provides unemployment compensation benefits for some employees who lose their jobs. To qualify, unemployed workers must have registered for work and periodically report to an unemployment office. Occasionally eligibility disputes find their way into court …

What does N.C.’s civil rights act provide?

05/28/2008
Q. Does North Carolina have a state civil rights act that applies to private employers? …