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Employment Law

EEOC sues Mount Airy firm for religious discrimination

02/26/2009

The EEOC has filed a lawsuit against a Mount Airy carport dealer, claiming the employer allowed employees to mock a co-worker because of her religion and that supervisors didn’t respond when she complained.

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Can I convert part-timers to contractors?

02/26/2009

Q. Payroll taxes are hurting our bottom line. May I convert part-time bookkeepers to "1099" employees?

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.

Beware firing after worker warns about safety

02/24/2009

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Make necessary changes, even if worker rebels

02/24/2009

Employees who suspect their employers are trying to get them to leave voluntarily instead of firing them outright sometimes do quit. Then they turn around and sue under the theory of “constructive discharge.” Essentially, they argue their employer made their lives so miserable they had no choice but to resign. Fortunately for employers, courts are fairly strict in how they view constructive discharges.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.

Memo to managers: Don’t embellish reason why employee was terminated

02/24/2009

Tell managers and supervisors not to embellish the reasons for discharging an employee. If they do, they risk the potential for a defamation lawsuit. That may be true even if the former employee is compelled to repeat the allegedly false information.