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Employment Law

Extra cheese please, but hold the snot

05/27/2009

As Michael Setzer stuck a piece of cheese up his nose and placed it on the Domino’s sandwich he was preparing, he mugged for Kristy Hammonds’ camera. After Hammonds’ video received more than 550,000 hits on YouTube, the pizza chain mobilized quickly to contain the damage.

Britthaven nursing home settles pregnancy discrimination claim

05/27/2009

The Kinston-based Britthaven nursing home and assisted-living chain has settled a pregnancy discrimination claim with the EEOC for $300,000. The agreement settles a lawsuit brought by Katherine Hance and other pregnant employees who claimed they were treated differently from other employees …

Proceed with caution when making health-related inquiries

05/27/2009

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

What’s enough ‘consideration’ in a noncompete?

05/27/2009

Q. I understand that “consideration” is required for noncompete agreements 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 prevent co-worker harassment from escalating into violence?

05/27/2009

Q. A co-worker is harassing one of our employees, and we are concerned it may get violent. What can we do about this?

Can a lazy worker collect unemployment?

05/27/2009

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

Receive FMLA notice? Don’t assume ineligibility

05/27/2009

You need a clear policy on handling employees who call in sick. That helps ensure you don’t miss a potential FMLA request. Remember, employees don’t have to ask for FMLA leave by name.

Nothing to sneeze at: Reach of wrongful-discharge law limited

05/27/2009

Pennsylvania common law protects employees from discharges that violate public policy, but what violates public policy isn’t defined. Courts must therefore decide what the term means.

Fired for using ‘N-word’, news anchor sues

05/27/2009

WTXF TV news anchor Tom Burlington has sued his former employer claiming discrimination after he was fired for using the “N-word” in an editorial meeting called at the Philadelphia station to discuss a news story about a mock funeral to bury the “N-word.”

Federal employment bias claims may be subject to grievance arbitration

05/27/2009

On April 1, the U.S. Supreme Court held that arbitration provisions in collective-bargaining agreements that clearly and unmistakably require arbitration of Age Discrimination in Employment (ADEA) claims are enforceable.