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Employment Law

Turnabout is fair play: Employers may be able to sue for frivolous lawsuits

02/01/2008

In an interesting Supreme Court of Ohio case, the high court has ruled that a lawsuit by an employer against an employee who filed an employment discrimination lawsuit against it is not automatically retaliation. The court’s decision overturned a long-held view of the Ohio Civil Rights Commission …

Female police officer says drunken male cops treated better

02/01/2008

Christina Johnson, a police officer for Olmsted Township who was fired for crawling into a stranger’s car while highly intoxicated and then passing out, will have the chance to convince a jury that she suffered discrimination. Johnson was off duty during the episode, but was wearing her uniform sweater …

Court upholds cities’ rights to set residency requirements

02/01/2008

Can an Ohio city force its employees to live within the city limits? Right now, that depends on the city. The 3rd District Court of Appeals recently ruled that towns in its jurisdiction can require employees to live where they work, overturning a 2006 state law that barred towns from imposing residency requirements …

Changes to Ohio’s pregnancy discrimination rules now in question

02/01/2008

In the fall of 2007, the Ohio Civil Rights Commission’s proposed revisions to the rules governing pregnancy discrimination became a hot political topic. Due to some unusual political wrangling, the future of the proposed rule revision is very much in question …

To pay or not to pay for snow days

02/01/2008

Q. Am I required to pay my employees when they miss work due to inclement weather? …

Can we withdraw a job offer if candidate wants to negotiate?

02/01/2008

Q. We recently extended an offer of employment. However, after accepting the position, the candidate tried to renegotiate his salary and vacation benefits. Can we withdraw our offer of employment? …

HR pros: Do you know what your supervisors are saying?

02/01/2008

It’s easy to become isolated in the HR office, especially if you are physically separated from the shop floor or other work locations. So it should come as no surprise that some things that go on outside your limited view may mean trouble. That’s why you need to keep open lines of communication between HR and the field. Make sure all employees know how and where to report sexually or racially hostile language or actions …

Maintain HR oversight on all termination decisions

02/01/2008

The only thing between your organization and a discriminatory discharge verdict is the HR office. An impartial and cool-headed HR professional must oversee the process every time an employee is terminated. Keep careful track of exactly how the decision-making process moves forward in every case, and insist that HR have the final word on termination …

‘Ad hoc’ leave benefits are a discrimination trap

02/01/2008

Sometimes, employers may want to maintain some flexibility to handle unique leave situations. For example, what would your organization do if a valued, loyal and long-term employee developed a terminal disease? Would you allow him a “leave of absence” with continued insurance coverage until his death to save his family from financial ruin? You can, if you are careful about exactly how you go about it …

Even small changes in job status can be retaliation

02/01/2008

Employers that give in to the temptation to punish a troublemaker for complaining about alleged discrimination set themselves up for a retaliation lawsuit. The irony, of course, is that often the underlying discrimination complaint will amount to nothing, while the retaliation case snowballs out of control. Even minor changes to an employee’s work schedule, routine or tasks may mean a large retaliation jury verdict …