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North Carolina

Paying commission? Get written agreement

12/01/2007

If your organization pays some employees on a commission basis, it may be a good idea to put it in writing. Relying on just an oral agreement may lead to trouble down the road—especially if the employee quits and says you owe him money. Without a written agreement spelling out the commission terms, a lawsuit probably will come down to his word against yours …

Smithfield Foods gets tough with union, files RICO suit

12/01/2007

Virginia-based Smithfield Foods Inc. has filed suit against the United Food and Commercial Workers International Union (UFCW), alleging it waged a two-year campaign of extortion to force the company to unionize its hog slaughterhouse in Tar Heel …

$20,000 ends Wal-Mart hair salon discrimination suit

12/01/2007

SmartStyle Family Hair Salon has paid $20,000 plus additional relief to settle a religious discrimination lawsuit brought by the EEOC …

Blackwater employees gain immunity for Baghdad shootings

12/01/2007

The U.S. State Department granted immunity from prosecution to Blackwater USA bodyguards involved in the September shootings that killed 17 Iraqi civilians. The immunity deal delayed a criminal inquiry into the events and will make it difficult to prosecute the security contractors …

Did Clearmore Construction clear more than it earned?

12/01/2007

Construction company owner Paul Garrett, of Warne in western North Carolina, has been charged with conspiring to defraud Alabama Power Company (APCO) of $250,000 …

FMLA claims just got tougher for employers

11/01/2007

The 4th Circuit Court of Appeals has decided that waiving employers’ past violations of the FMLA requires approval from a court or the U.S. Labor Department. That gives employees a leg up if they sue their employers for violating the FMLA. At the heart of the case is an FMLA regulation that states, “Employees cannot waive their rights under FMLA” …

You can hold supervisors to higher standards than others

11/01/2007

You don’t have to treat supervisors the same as other employees if they break the rules. As the following case shows, supervisors who get into physical fights with subordinates can and should be fired—even if you simply discipline co-workers who get into similar confrontations at work …

Cut lawsuit risk by filling vacant position with similar person

11/01/2007

Employees who lose their jobs often look for sinister underlying reasons—such as discrimination. That’s why you should think about a strategy to minimize the chance a disgruntled employee will win a discrimination lawsuit. Here’s one way: Fill the vacant position with someone from the same protected class as the terminated employee …

Act fast when chronic complainer has real gripe

11/01/2007

We’ve all dealt with employees who constantly make petty complaints about others. We’d rather just ignore the litany, but that’s probably not the best course of action. Buried beneath the nonsensical complaints may be a genuine one—one that requires prompt action. As the following case shows, acting right away when a legitimate gripe surfaces can mean the difference between a lawsuit and the same case being dismissed before it ever gets to trial …

You can mandate respectful behavior, discipline violators

11/01/2007

It’s a stressful world out there, and workplace tension can make matters worse. That’s one reason you may want to consider instituting a civility code at work. Then, if an employee is rude, overbearing or downright offensive, don’t hesitate to discipline her …