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Employment Law

Smithfield lawsuit against UFCW gets green light

03/01/2008
A federal judge has given the go-ahead to Smithfield Foods’ racketeering lawsuit against the United Food and Commercial Workers International Union (UFCW), but cautioned Smithfield that to succeed, it will have to specifically allege how the union will profit from its actions …

Raleigh’s Golden Corral faces sexual harassment suit

03/01/2008
Four former employees are suing Raleigh-based Golden Corral Corporation for sexual harassment they say they endured while working in a restaurant in Port Richey, Fla. The plaintiffs, two men and two women, claim they were repeatedly sexually harassed by three male workers, including an associate manager …

Henredon Furniture to pay $465,000 for racial harassment

03/01/2008
The EEOC has settled a lawsuit with Henredon Furniture Industries for $465,000 over harassment endured by black workers at its High Point manufacturing plant …

Problems with obtaining FMLA and wage-and-Hour releases

03/01/2008
There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

Recouping training costs when workers leave

03/01/2008
Q. It costs a lot to train new employees, so naturally we are upset when those employees leave. They benefit from the training, and we are out the cost. Can we recover training costs if an employee leaves? …

Binding employees to noncompete agreements

03/01/2008
Q. We want to bind existing employees to a new noncompete agreement. Can we simply make agreeing to the contract a condition for continued employment? …

Warn staff of new e-Mail scams using IRS’ name

03/01/2008
The IRS has posted a warning about e-mail and phone-based scams that falsely use the agency’s name. The goal: Trick people into giving up their Social Security numbers and other financial data …

When transition looms, note employee interest in staying on

03/01/2008

In uncertain economic times, employers sometimes have to cut staff and redraw org charts to stay competitive. Employees often know far in advance that change is coming—and that they may lose their jobs. And some already may be looking for ways to “get back” at their companies via lawsuits …

It’s essential to have clear hiring and promotion criteria

03/01/2008
The more specific and clear the minimum hiring or promotion criteria, the better. Detailed requirements net you better candidates and allow you to defend your hiring decisions later—if you need to …

FMLA compliance doesn’t rule out enforcing attendance policy

03/01/2008
We all know that people do get sick and miss work due to chronic conditions, accidents and serious illnesses. That doesn’t mean you cannot insist on good attendance. As you enforce your attendance policy, however, make sure you don’t count in any negative way absences covered by the FMLA …