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North Carolina

To win wage case, worker must do more than contest records

05/25/2012
If you keep good records of the hours workers put in, chances are you’ll be able to beat an employee’s claim that he wasn’t paid for all hours worked. He’ll have to show some evidence that your records are wrong.

Sexual orientation can be basis for discrimination suit

05/25/2012
In a case likely to be controversial, a federal court has allowed a bisexual/gay teacher to sue his principal for alleged sexual orientation discrimination. The teacher brought the claim under the equal protection clause of the U.S. Constitution.

Promises, promises: Well-intentioned words may send fired employee in search of an attorney

05/25/2012

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

Your best defense against meritless lawsuits: Proof that your processes are fair, transparent

05/25/2012
One of the best ways to stop merit­­less lawsuits dead in their tracks is to offer compelling evidence that you are a fair and equitable employer. If you can assure the court that you base your decisions on clear rules that are fairly enforced, you’ll win.

When handing out RIF pink slips, avoid age bias claims by offering good business reasons

05/25/2012
When a company reorganizes and consolidates several positions into one, the resulting reduction in force (RIF) may affect an older employee. The employee who loses a job may feel the real reason is age and that the employer took advantage of a RIF to eliminate older workers. You can structure your RIFs to avoid losing an age discrimination claim.

Beware firing after employee’s pay complaint

05/25/2012
Make sure before you fire someone that she’s been paid everything she is owed. And if the employee has complained about pay irregularities, be sure to investigate right away.

Workers’ comp claim? Resist urge to retaliate!

05/25/2012

The North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

Good documentation is the key to legally disciplining employees

05/01/2012
How you document a discipline issue can cause problems if an employee files a lawsuit. To protect your organization, follow these guidelines:

5 questions & answers about accommodating mental disabilities

04/27/2012

The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

Misclassification shuts down Charlotte firm’s out-of-state job

04/27/2012
Charlotte-based Sandoval Con­­struc­­tion was forced to suspend work on a Radisson Hotel in New London, Conn., after the Connecticut De­­part­­ment of Labor charged the company with improperly classifying employees as independent contractors.