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Employment Law

Beware jumping the gun when firing injured worker

07/25/2012
Before terminating an employee who has racked up absences that may or may not be related to a workplace in­­jury, make sure she has had a chance to show that the injury contributed to her attendance problems.

Don’t expect quick dismissal just because employee has decided to act as his own attorney

07/25/2012
When an employee represents himself, prepare for a fight—even if you know the claim doesn’t have much merit. That’s because courts don’t like to toss out cases without giving every benefit of the doubt to employees who can’t find attorneys to represent them.

Federal court to decide: Does firing a pregnant employee violate public policy in N.C.?

07/25/2012
A federal court has said it will soon decide a case that may make pregnancy discrimination illegal in North Carolina. At issue is whether North Carolina employers are liable for wrongful discharge if they fire a pregnant woman from her at-will job.

When employee requests religious accommodation, be sure to consider all possible options

07/25/2012
When an employee approaches you about a religious need that requires accommodation, make sure you consider all the details. Don’t rely on a standard response.

Document handling of vague harassment complaint

07/25/2012
Some employees who are being sexually harassed may be embarrassed or reluctant to talk about it. Rather than come out and say what happened, they beat around the bush. Smart employers document how they handle vague complaints—and take them just as seriously as other complaints.

Do former employees have the right to demand copies of their personnel files?

07/24/2012

Q. We recently fired an employee who worked in our office. Several weeks later, our HR department received a phone call from the man demanding a copy of his personnel file. Are we required to send him a copy?

Analysis: Supreme Court’s landmark health care reform decision

07/24/2012
On June 28, the U.S. Supreme Court upheld the Afford­­able Care Act. But the decision does not mean that the validity of the ACA is settled once and for all. Future legal challenges, and, of course, the November elections, may determine the law’s ultimate fate, but for now, prudence is the wisest course of action. Employers should proceed as if the law is constitutional.

Chapman U. sex bias settlement pays, promotes

07/24/2012
An assistant professor at Chapman University will receive $175,000 and a promotion as part of a settlement in a sex discrimination lawsuit filed against the Orange County institution.

Wet Seal faces class action after smoking-gun email

07/24/2012
Foothill Ranch-based fashion retailer Wet Seal faces a class-action lawsuit from black current and former employees who allege an internal email complained that the company had too many black workers.

No pay? No doubt you will face a lawsuit!

07/24/2012
Never skip a payday. That’s just asking to be sued, as the following case shows.