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Employment Law

Last-chance isn’t ‘license to discriminate’

03/06/2009

If you use last-chance agreements that include an employee’s promise not to sue, understand that courts will strictly limit such a promise. The agreement can include a promise not to sue for past alleged employer discrimination in exchange for the last chance to remain employed. However, that promise cannot be extended to any discrimination that may occur later.

Have the supervisor or manager who did the hiring be the one to handle the firing

03/06/2009

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

Courts losing patience with frivolous suits—and asking failed litigants to pay up

03/06/2009

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit approved sanctions against such employees and their attorneys.

No separate Ohio wrongful-discharge claim for disability discrimination

03/06/2009

A federal court has ruled that Ohio employees who want to sue for disability discrimination can’t add on an additional claim of wrongful discharge under the so-called public policy of the state of Ohio. Employees have to use the federal ADA and the state disability discrimination statute instead.

Employees who don’t apply for promotions can’t sue

03/06/2009

Here’s a good reason to have a clear process for posting promotions and explaining that process to all employees: If an employee doesn’t use the process to apply, she can’t sue for failure to promote.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.

Workers’ comp deductibles, premiums to change

03/06/2009

Starting in July, Ohio employers will get their choice of five deductible levels on their workers’ compensation insurance. In exchange for lower premiums, employers will assume a larger risk for workplace accidents.

Cheer up: Lawyers are getting sued, too!

03/06/2009

If misery loves company, let’s start the party. An article on www.law.com warns that insurers anticipate a surge in legal malpractice lawsuits as the economy tanks. It seems employers aren’t the only deep pockets plaintiffs will try to raid during hard times.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/06/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Employer loses WC claim when it fails to call witness

03/06/2009

Linda Pounds, a resident assistant at Whetstone Gardens & Care Center, injured her back while changing a patient’s bed linens. Once she filed a workers’ comp claim, that’s about the only thing Pounds and the center agreed on …