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North Carolina

Draft severance agreements to prevent future lawsuits

10/30/2013
Have a lawyer draft any release that accompanies a severance payment. If the employee sues and the release was carefully written, the court will probably say it bars suing—and may require repaying severance money before the worker can even try challenging the release’s validity.

Annoyed, inconvenienced? That’s not retaliation

10/30/2013
Employees who complain about dis­­crimination can sue if they suffer re­­taliation for complaining. Retaliation is anything that would dissuade a reasonable employee from complaining in the first place. The key is “reasonable.”

Worried about firing the only minority? Just follow your own rules

10/30/2013
Sometimes, irrational fear of litigation keeps employers from acting in their own best interests. For example, they may think discharging the sole minority employee will mean a lawsuit. Don’t let paralysis by analysis slow you down.

Save money upon termination by including ‘use it or lose it’ leave policy in handbook

10/30/2013
Here’s another reason your hand­­book must include clear, concise and specific explanations of vacation and other leave policies: By carefully explaining that em­­ployees who quit forfeit unused leave, you won’t have to pay them for that un­­used time under the North Caro­­lina Wage and Hour Act.

Headmaster’s harassment results in criminal conviction

10/30/2013
A Wake County jury has convicted the former headmaster of East Wake Academy in Zebulon of one count of sexual battery and another of assault on a female.

Rocky Mount restaurant can’t skirt religion accommodation

10/30/2013
Two corporations that own a Ken­­tucky Fried Chicken franchise in Rocky Mount face an EEOC lawsuit after they fired a long-term employee for dress code violations.

Grant FMLA leave for pregnancy-related issues

10/30/2013
Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.

Firing for ‘dishonesty’? Offer specifics about what happened

10/09/2013
Like most employers, you probably have general rules about what constitutes a firing offense—and “dishonesty” is probably on the list of no-no’s. It’s a vague term, subject to interpretation. That’s a good reason to make your disciplinary records specific.

Honest investigation all that’s required

10/09/2013
Do you sometimes worry that you made a mistake during an investigation? Or that you believed the wrong person? You needn’t lose sleep over it. Courts won’t second-guess your decisions if they believe you acted reasonably and in good faith.

EEOC race bias suit targets Carolina Mattress Guild

10/01/2013
The EEOC alleges that Carolina Mattress Guild, based in Thomasville, failed to address black workers’ complaints of a racially hostile work environment and then fired one employee in retaliation for having complained.