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Employment Law

Want to arbitrate employment disputes? Ensure handbook doesn’t nix arbitration contract

11/01/2012

Some North Carolina employers include an arbitration agreement in their employment policies. Such agreements are legal and enforceable if they form a contract. But employers that include arbitration agreements in their employee handbooks may be making a mistake if they also declare that the handbook itself isn’t a contract.

A slur is a slur, no matter the language–and deserves harsh discipline

11/01/2012
You don’t tolerate slurs spoken in English, do you? Then don’t put up with vile, intolerant and demeaning speech in other languages. It’s the content that matters, not the language spoken.

Suspect employee has relapsed into drug use? Never say so without proof

11/01/2012

Under the ADA, it’s illegal for employers to discriminate against employees who have a history of drug addiction but who aren’t current users. Before you or anyone else in management comments on suspicions that an employee has backslid, make sure you have evidence to back the claim.

Bosses: Never justify decisions with sexism

11/01/2012
It may seem obvious, but that doesn’t mean your managers and supervisors understand it: It’s dumb to make sexist comments. A single sexist remark can mean years of ex­­pensive litigation. The employer may eventually win in court—but not before incurring crippling costs of lost time, money and productivity.

Do your employees understand your FMLA calendar?

10/30/2012
FMLA regulations give employers four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. Do everyone a favor: Get familiar with all four methods.

Third state bars access to staff Facebook passwords

10/30/2012
California last month became the third state to enact a law that prohibits employers from asking applicants or employees for their passwords to social media sites. Illinois and Mary­­land had passed similar laws earlier this year.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

Don’t be swayed by the top 9 excuses for harassment

10/29/2012

When managers witness or hear about a possible sexual harassment situation at work, it’s important for them to take the situation seriously. It’s vital for managers to contact the appropriate company officials in any potential harassment situations. Don’t be swayed by these common excuses you’ll hear from employees.

Do long hours change part-time status?

10/27/2012

Q. Many of our part-time warehouse employees have recently been putting in well over 40 hours per week. Do we have an obligation to change their status to full time?

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?

10/27/2012

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?