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Employment Law

Employee is her own lawyer? You can pursue sanctions

06/26/2009

When disgruntled applicants or former employees sue employers, they sometimes represent themselves in court. Even though such cases may lack merit, that doesn’t mean they won’t wind up costing employers big bucks to defend. But employers have a way to dissuade such pro se litigants from pursuing frivolous lawsuits.

Treating everyone equally makes good business sense

06/26/2009

An employee who belongs to a protected class can win a discrimination lawsuit if she shows that a similarly situated co-worker who doesn’t belong to the same protected class got more lenient treatment than she did for the same rule violation or behavior. Therefore, be prepared to show in every case that you treated all employees equally.

Statesville Compare Foods settles bias claim with EEOC

06/26/2009

For the second time in a year, a North Carolina Compare Foods store has settled discrimination charges with the EEOC. As in the earlier case, this one—involving a store in Statesville—involved accusations that workers had been fired because they weren’t Hispanic.

Talbert Builders settles race discrimination suit

06/26/2009

Durham-based lumber and hardware retailer Talbert Builders has agreed to settle a race discrimination suit with the EEOC for $80,000. The original complaint was filed by employee James McCombs …

How to terminate employees who have been out on workers’ comp

06/26/2009

Terminating an employee who has been out on workers’ compensation leave is a high-stakes process. How well you handle it can affect your ongoing workers’ compensation liability—and could also subject you to claims of wrongful discharge or retaliation. It’s made all the more complex by the fact that your workers’ comp carrier’s goals may conflict with yours.

What’s considered proper ‘consideration’ to make a valid noncompete agreement?

06/26/2009

Q. I understand that consideration is required for noncompete restrictions in North Carolina and that—for existing employees—continued employment is not valid consideration. How much must a company pay to have sufficient consideration?

How can we help prevent co-worker harassment from escalating into violence?

06/26/2009

Q. One of our employees is being harassed by a co-worker, and we are concerned it may get violent. What can we do about this?

If we fire a lazy employee, will she be eligible to collect unemployment benefits?

06/26/2009

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

OK to punish complainer if you find wrongdoing

06/26/2009

Workplace investigations sometimes open a can of worms. What if, for example, you find out that an employee complaining about sexual harassment had engaged in wrongdoing, too? Even if the wrongdoing is related to the underlying sexual harassment complaint, you can and should punish the employee for that.

EEOC seeks broad subpoenas? Ask to have them limited

06/26/2009

If the EEOC thinks a complaint it receives may have national implications and wants more information, it has the power to expand its investigation. The agency can seek subpoenas to demand a long list of records from your company as it seeks to develop a broader, perhaps national case against you. The good news is that federal courts generally will scale down the request if you ask.