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Employment Law

Warn bosses about personal liability risk

08/07/2013
Remind supervisors that the integrity of the performance evaluation process depends on their honest assessment. Providing anything less may mean a court date and personal liability under North Carolina law.

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

J.B. Hunt drops ban on hiring those with criminal records

08/07/2013
Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.

Company signature not required on arbitration agreement

08/07/2013
Most employers that use arbitration agreements require employees to sign them. If that’s your practice, don’t worry about getting the company’s “signature” on the dotted line. As long as the company can show it intends to be bound by the agreement, it is valid with just the em­­ployee’s signature.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013
Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, reg­­ular attendance is a reasonable work expectation.

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Can an independent contractor use a company car?

08/07/2013
Q. If we use independent contractors as drivers/couriers, can they use our company cars?

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.

IRS issues tax guidance on ACA employer mandate delay

08/02/2013
As promised, the IRS has released guidance on the implications of the Obama administration’s decision to wait until 2015 before enforcing the Affordable Care Act’s requirement for employers of 50 or more to provide health insurance benefits.