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Employment Law

Construction firm nailed for worker misclassification

05/31/2013
Freeman & Associates Contracting, a Raleigh construction firm, has agreed to pay four workers $20,000 in back wages after U.S. Department of Labor investigators determined the workers were improperly classified as independent contractors.

Employer pulls job offer, attracts ADA lawsuit

05/31/2013
The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Employee filed incorrect pay complaint? It’s still protected

05/31/2013
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.

Disabled worker can’t perform? OK to terminate

05/31/2013
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.

Use good notes to shoot down retaliation suits

05/31/2013

One of the easiest ways for an em­­ployee to win a lawsuit against his employer is to allege retaliation. That’s because retaliation is anything that would dissuade a reasonable employee from complaining in the first place. Fortunately, some courts are becoming more skeptical about retaliation lawsuits.

8 steps for investigating, stopping harassment

05/31/2013
Sexual harassment! It’s the cry that strikes terror in the hearts of most HR pros. The good news, according to employment law attorney Jon Hyman: Eight straightforward steps can minimize your liability.

Worker complains and then quits: Investigate anyway, to prove what happened

05/31/2013
When you receive a discrimination or harassment complaint, it’s essential to launch an immediate investigation. Even if the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.