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Employment Law

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 …

Associational discrimination: How close is close enough?

03/06/2009

Last year, in Thompson v. North Am. Stainless, the 6th Circuit recognized a claim under Title VII’s anti-retaliation provision for associational retaliation: “Title VII prohibit[s] employers from taking retaliatory action against employees not directly involved in protected activity, but who are so closely related to or associated with” employees who engage in protected activity. I remain critical of this standard because it leaves open the issue of how close is close enough.

Can I ask my employees to use accrued leave to cover time spent on jury duty?

03/06/2009

Q. An employee just asked for a week off to attend jury duty. Do I have to grant the request for leave? If I do, can I require the employee to use accrued vacation time during the jury duty leave?

Must we pay overtime to telemarketers?

03/06/2009

Q. Historically, we do not pay overtime to our commissioned telemarketers. After all, they are paid strictly on commission, not by the hour. Some employees are now complaining that we are paying them illegally by not paying overtime for weeks in which they work more than 40 hours. Are they right?

What are the COBRA rules applying to small businesses in Ohio?

03/06/2009

Q. We are a small business, with only 12 full-time employees and a smattering of on-again, off-again part-timers. When an employee leaves, do we have to provide a COBRA notice?

Warn employees of the dangers of dipping into 401(k) funds

03/03/2009

As the economic meltdown worsens, employees facing personal budget crises may go looking for their own financial bailouts—by tapping into 401(k) savings. They may turn to HR pros like you to learn how to take hardship withdrawals or borrow against their investments. There are good reasons to steer them away from treating their retirement nest eggs as rainy-day funds.

Can you be liable for revoking a job offer?

03/03/2009

An employer made a job offer to someone, but then rescinded it. Then the employer hired another applicant two months later. Is there anything illegal about that?

Act quickly once you verify harassment

03/03/2009

When an employee has sexually harassed a co-worker, employers can avoid liability by acting fast to fix the situation as soon as they learn about it. General rules: If an employee complains, investigate promptly. If the alleged harasser confesses, immediately take steps to end any further harassment.

Is national origin in ‘eye of the beholder’?

03/03/2009

Employees can sue if they believe they have been discriminated against based on their national origin. But what if the employee’s family has been in the United States for generations, and she speaks without any discernable accent or speech pattern common to another nationality and looks all-American? Can she still claim national-origin discrimination?

Don’t be fooled: ‘Quit or be fired’ won’t stop employee from filing lawsuit

03/03/2009

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue …