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Employment Law

Cut reinstatement risk by tracking laid-Off jobs

05/01/2007

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Independent investigations are key to making decisions stick and avoiding retaliation claims

05/01/2007

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance

Cutting an employee’s pay is perfectly legal, but first review his potential for a bias lawsuit

05/01/2007

Employers can cut an employee’s compensation at any time for any nondiscriminatory reason, as long as the person isn’t covered by a union contract or other agreement …

Sex and race harassment verdict sends Jocks & Jills into a tumble

05/01/2007

Jocks & Jills, Atlanta’s popular sports bar, has filed for Chapter 11 bankruptcy following a recent $2 million verdict for sexual and racial harassment …

Fading support for the war may lead to more USERRA claims

05/01/2007

Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service …

Fighting words over ‘Fighting 529’

05/01/2007

When Latino advocate Jerry Gonzalez showed “Fighting 529,” his documentary slamming Georgia Senate Bill (SB) 529, at Georgia Tech in March, the last person he expected to see in the audience was state Sen. Chip Rogers (R-Woodstock), author of the bill …

Early workers’ comp suspension costs 19-Month salary payout

05/01/2007

How do four days translate into 19 months? That was the math that left Reliance Electric Company, based in Greenville, S.C., scratching its head after a workers’ compensation ruling …

The claim service was great … despite no actual insurance

05/01/2007

An Alpharetta man pleaded guilty to defrauding Phoenix Fund, a Charlotte, N.C.-based self-insured group of 573 employers, by pretending to reinsure them …

How to craft noncompete agreements that work under Georgia law

05/01/2007

Georgia’s constitution prohibits contracts that have the effect of defeating or lessening competition. Anti-competition is considered anti-public policy in Georgia, so employers should craft their noncompete agreements with care …