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Employment Law

You don’t have to make perfect decisions—Just honest ones

03/01/2008

When it comes to hiring or promotion decisions, courts will rarely meddle when companies make honest decisions—even if those decisions aren’t the best or most rational ones. Unless there’s some other underlying discriminatory reason, judges generally won’t second-guess even boneheaded decisions …

Time records crucial in FMLA eligibility calculation

03/01/2008

As a practical matter, the FMLA requires employers to carefully keep track of all hours each employee works. If the employer’s time records don’t include all time worked, it is up to the employer to prove to the court that the employee didn’t work enough hours to qualify for FMLA leave. With poor records, that may be hard to do …

Disability still your call, even if co-workers ‘Accommodate’

03/01/2008

Sometimes, supervisors are the last to know an employee wants an accommodation for a disability. Instead, the employee may be making her own accommodations by asking co-workers for help. Of course, the help may end up keeping them from doing their own jobs. What should you do when you find out? …

Union contract doesn’t mean automatic claims arbitration

03/01/2008

If your organization operates in a union environment, much of the discipline you impose will be controlled by a collective bargaining agreement. But that doesn’t always mean that you will be able to avoid court battles over discrimination claims …

‘Just kidding. Can we come back now?’

03/01/2008

Three teenage students suspended for calling a teacher a pedophile on the social networking site Facebook.com have settled their lawsuits with the Three Rivers School District in Cincinnati …

Paid sick leave proposal put before legislature

03/01/2008

A proposal that would require most Ohio companies to give employees at least seven paid sick days each year is headed to the state Legislature under the Healthy Families Act …

Results of this test: Auto industry to pay $1.6 mil

03/01/2008

The courts look unfavorably on literacy tests for positions that don’t directly require writing skills, as seen by a recent U.S. District Court decision for the Southern District of Ohio. The court awarded $1.6 million to 700 black workers who were screened out of apprenticeship programs at Ford Motor Company, Visteon Corp. and Automotive Components Holdings …

Springfield truck plant hopes to benefit from GM deal

03/01/2008

Workers at the Springfield plant of International Truck and Engine Corp., a subsidiary of Illinois-based Navistar, are hoping to attract hundreds of new jobs through a tentative agreement to acquire General Motors Corp.’s medium-duty truck business …

When romance goes bad: Protecting the company from the fallout

03/01/2008

When office romances sour, scorned lovers often use Title VII to allege that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. If co-workers feel a love affair results in favoritism, the relationship may lead to charges of conflict of interest, harassment, retaliation or discrimination …

Migraines, job transfer and the FMLA

03/01/2008

Q. Our receptionist has been certified as eligible for intermittent FMLA leave for migraines. When she calls in sick without notice, it really disrupts our workplace; we have to pull someone from another position to cover her duties. Can I transfer her to another position where we can better accommodate her absences? …