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North Carolina

Don’t worry a somewhat negative performance review will cost you a lawsuit

07/09/2013
Here’s one less thing to worry about when preparing performance reviews: Employees can’t use a poor review as an excuse to sue unless they can show it affected their job in some significant way, such as making the employee ineligible for a pro­­motion.

‘Wheel of Fortune’ could land worker in jail

06/19/2013
A North Carolina postal worker could wind up working in a prison mail room after pleading guilty to workers’ compensation fraud. Her problems began when former co-workers spotted her on the television game show “Wheel of Fortune.”

Waiting to fire slacker? Document your concerns

06/11/2013
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013
You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

New FMLA regs in effect: Update your military leave policy

05/31/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the U.S. Department of Labor.

Construction firm nailed for worker misclassification

05/31/2013
Freeman & Associates Contracting, a Raleigh construction firm, has agreed to pay four workers $20,000 in back wages after U.S. Department of Labor investigators determined the workers were improperly classified as independent contractors.

Employer pulls job offer, attracts ADA lawsuit

05/31/2013
The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Employee filed incorrect pay complaint? It’s still protected

05/31/2013
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.