• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

North Carolina

Court: Retirement isn’t constructive discharge

12/01/2011
Do you worry that encouraging someone to retire when he’s facing disciplinary action could backfire? Relax. In most circumstances, a voluntary retirement that isn’t pressured or forced because of a threat of imminent discharge isn’t considered a constructive discharge.

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

Hidden risk: Do your employee committees violate labor law?

11/28/2011

At first glance, management-employee participation groups seem legally risk-free. But looking deeper, such committees could, under certain circumstances, be viewed as illegal, employer-dominated unions under federal labor law.  Key point: According to a handful of NLRB rulings, an employer commits an unfair labor practice whenever it dominates any “labor organization.”

Fayetteville Goodyear plant sued over woman’s firing

11/28/2011
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.

Employers must watch for same-sex harassment, too

11/28/2011
A Huntersville seafood restaurant will pay $86,000 to four male em­­ployees who were harassed on the job by another male worker.

Drug testing leads to disability bias suit in Raleigh

11/28/2011
Employers know to be wary of drug tests because they’re sometimes incorrect, falsely indicating that someone has been using illegal drugs. Now the Raleigh office of a national insurance giant has learned of another danger: Drug tests can trigger disability discrimination lawsuits.

Employee represents herself? Take lawsuit seriously, anyway

11/28/2011
Employees who lose their jobs these days often have a tough time finding new positions. That’s leading to more discharge lawsuits, simply be­­cause former employees have so few options. Many of those lawsuits are filed pro se. No matter how flimsy such a case seems, never ignore it.

Changing company name doesn’t end legal liability

11/28/2011
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.

Minor malady could hinder performance? Always look for easy accommodations

11/28/2011
Be careful before revoking a job offer based on a physical exam. Consider reasonable accommodations instead.

When making promotion decisions, discrimination prohibited, fairness optional

11/28/2011
Here’s something to think about when you agonize over internal staffing moves: As long as you don’t use discrimination as an excuse to deny someone a promotion, your decision doesn’t have to pass some vague fairness test.