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Employment Law

No matter how implausible, you must investigate every sexual harassment complaint

01/11/2010

Here’s some solid advice you should heed: Don’t ignore any employee’s sexual harassment claim—even if it seems unbelievable or too incredible to be true. Instead, process the complaint as you would any other, investigate and then try to resolve the matter.

Provide security around workplace to prevent assaults—and crippling lawsuits

01/11/2010

Ohio’s workers’ compensation laws are complex, and employers that want to fight a claim may find themselves in court for years. That costs money. That’s why smart employers look for ways to prevent claims. One of those preventive methods involves the area sometimes referred to as the “zone of employment.”

Pre-existing condition doesn’t always mean no workers’ comp

01/11/2010

Employees with pre-existing conditions that significantly contribute to a workplace injury aren’t eligible for workers’ compensation. That’s presumably because their work activities had nothing to do with the fact that the employee was hurt. On the other hand, if something related to the job contributed to the injury, the employee is eligible for benefits.

One benefit of union contract: Lawsuits must be filed fast

01/11/2010

Here’s an upside to having a comprehensive collective-bargaining agreement: Employees who claim they were denied benefits they had been promised can’t sue under Ohio state contract law if the subject of the lawsuit is covered by the union contract.

OSHA cites grain processing plant

01/11/2010

OSHA has cited Minnesota-based Endres Processing LLC and its subsidiary Endres Processing Ohio for numerous hazards at the companies’ Upper Sandusky plant. Endres manufactures animal feed from unused dairy products. OSHA cited large amounts of dust in the plant as both a fire and breathing hazard.

Can I legally refuse to hire job candidates who don’t share my political beliefs?

01/11/2010

Q. I run a small business and only want to employ people who are like-minded and share my core political values. Is it legal to refuse to hire a job candidate because of his or her political beliefs?

Is there any way to keep staff from speaking with former employee’s attorney?

01/11/2010

Q. A former employee recently sued my business for discrimination. A few current employees have told me that her lawyer has contacted them seeking information. Is there anything I can do to stop this?

Can I get online answers to pay questions?

01/11/2010

Q. Can you steer me toward any online information about how to correctly pay employees’ wages?

What can we do? Employee may have been faking need for FMLA leave

01/11/2010

Q. An employee went out of FMLA leave three weeks ago to undergo and recover from knee surgery. Last night, a reliable and trusted employee spotted him at the local YMCA playing a game of pick-up basketball. We now have serious doubts about the validity of his FMLA leave. Is there anything we can do?

OK to redistribute work as FMLA leave nears

01/11/2010

When an employee plans on taking FMLA leave, employers have to plan for the impending absence. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities. Don’t worry that doing so will trigger a successful FMLA lawsuit.