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Employment Law

Draft severance agreements to prevent future lawsuits

10/30/2013
Have a lawyer draft any release that accompanies a severance payment. If the employee sues and the release was carefully written, the court will probably say it bars suing—and may require repaying severance money before the worker can even try challenging the release’s validity.

Annoyed, inconvenienced? That’s not retaliation

10/30/2013
Employees who complain about dis­­crimination can sue if they suffer re­­taliation for complaining. Retaliation is anything that would dissuade a reasonable employee from complaining in the first place. The key is “reasonable.”

Worried about firing the only minority? Just follow your own rules

10/30/2013
Sometimes, irrational fear of litigation keeps employers from acting in their own best interests. For example, they may think discharging the sole minority employee will mean a lawsuit. Don’t let paralysis by analysis slow you down.

Headmaster’s harassment results in criminal conviction

10/30/2013
A Wake County jury has convicted the former headmaster of East Wake Academy in Zebulon of one count of sexual battery and another of assault on a female.

Rocky Mount restaurant can’t skirt religion accommodation

10/30/2013
Two corporations that own a Ken­­tucky Fried Chicken franchise in Rocky Mount face an EEOC lawsuit after they fired a long-term employee for dress code violations.

Grant FMLA leave for pregnancy-related issues

10/30/2013
Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.

Sexually hostile environment: 4 red flags

10/30/2013
Tangible signs of a potentially hostile environment may be only the tip of the sexual harassment iceberg. Here are four red-flag areas you should monitor:

Does a text message from employee qualify as a request for FMLA leave?

10/30/2013

Employees don’t have to specifically request “FMLA leave” to put your organization on notice that they need job-protected leave. They don’t even have to mention the law at all. But they must provide enough details about the reason for the requested leave. Then it’s up to you to determine whether the reason qualifies as a “serious condition” under the FMLA.

Where should we display labor law posters?

10/29/2013
Q. I recently heard that some of our posters have to be displayed where applicants can see them, not just our employees. Is that true?

What are the limits on employee monitoring?

10/29/2013
Q. How would an employer legally go about monitoring employees in the workplace?