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Employment Law

Winston-Salem Dairy Queen faces harassment charges

02/24/2012
The manager of a Winston-Salem Dairy Queen restaurant thought he was getting rid of a problem employee when he fired Chastity Hill-Cox. His problems were only beginning. The EEOC and Hill-Cox are suing Dairy Queen for sexual harassment …

What turkey fired the HIV-positive employee?

02/24/2012
Butterball, the Garner-based turkey processor, faces EEOC disability discrimination charges after it allegedly tolerated harassment against an HIV-positive employee and then fired her after she complained.

Workers’ comp doesn’t cover supervisor sexual harassment

02/24/2012
When a supervisor sexually harasses a subordinate, the subordinate has a potential Title VII lawsuit. However, she does not have a workers’ compensation claim.

Remind bosses: Ignoring safety rules is negligence risk

02/24/2012
Ordinarily, employers aren’t liable for workers’ injuries. Workers’ compensation insurance covers them. But if managers ignore safety guidelines that they know could prevent injuries, the employee can sue.

Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint

02/24/2012
In addition to protecting ­­employees’ wage-and-hour rights, the Fair Labor Standards Act protects employees from retaliation for asserting their pay rights. But until now, it was unclear whether it was protected activity to file an internal report that someone within the organization was violating the FLSA. The 4th Circuit has ruled that it is.

Use ‘reasonable person’ test to gauge threat of lawsuit for allegedly offensive speech

02/24/2012
If a reasonable person wouldn’t find mild, isolated comments out of line, an overly sensitive employee will have a hard time arguing that they were offensive enough to warrant a lawsuit.

Dubious request for ADA accommodation? Be prepared to document rationale for denial

02/24/2012

What should you do if an employee produces a health care professional’s diagnosis of stress, anxiety and post-traumatic stress disorder (PTSD), along with a recommendation to reassign the employee? Do you accept that the employee is disabled and consider the reassignment as a reasonable accommodation?

Unions growing nationwide, but not in North Carolina

02/24/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Just don’t look for the evidence in North Carolina.

Retire or be fired? Put offer terms in writing

02/24/2012
Occasionally, a good employee messes up after years of service. Before you suggest that he retire instead of being discharged, have your attorney put the offer in writing.

Document why you denied FMLA leave request

02/24/2012

It may seem clear to you that an employee with a minor medical problem isn’t eligible for FMLA leave. But that doesn’t mean the em­ployee won’t sue if you turn down her leave request. That’s why you must be prepared to explain your decision.