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North Carolina

Don’t sweat small stuff–you won’t lose in court

10/31/2011

Some employees expect the workplace to be a perfect place, free of all strife and disharmony. Too bad that’s an unrealistic standard. Employees have to develop some degree of tolerance for slights and inconveniences. And even if callous supervisors and co-workers treat sensitive souls badly, that doesn’t mean discrimination is to blame.

How to avoid the top 5 employment law mistakes employers make

10/03/2011
Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.

Employee complaining about bias? Always investigate before imposing any discipline

10/03/2011

Don’t let down your guard just because an employee’s discrimination complaint lacks merit. He could still have a legitimate retaliation claim. Simply put, if a supervisor punishes an employee after he complains about discrimination, you can still be found liable even if there was no discrimination in the first place.

Failure to offer drug test option prompts ADA lawsuit

09/23/2011
The EEOC has filed a lawsuit against G2 Secure Staff, a staffing company with offices in Raleigh, for failure to accommodate a disabled applicant.

Dollar General to pay $50K to settle harassment lawsuit

09/22/2011
Three former Dollar General em­­ployees will split $50,000 now that the retailer has agreed to settle an EEOC lawsuit that claimed it failed to adequately address sexual har­assment complaints against a male manager who worked at stores in Greensboro and Pleasant Garden.

Fire if you must, but always be ready to defend decision

09/22/2011
Sometimes, you have no choice but to fire an employee. Every one of those discharges is a fresh chance to be sued by a disgruntled former employee. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

When bullying hits workforce, expect legal fallout

09/22/2011
Some schoolyard bullies grow into workplace bullies. In most cases, their behavior won’t lead to a lawsuit. But that’s not always the case.

Terminating pregnant employee? Gather proof you would have done so despite condition

09/22/2011

Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.

4th Circuit: You don’t have to hire applicant who sued former employer for FLSA violations

09/22/2011
The 4th Circuit Court of Appeals has ruled that it’s not retaliation for a prospective employer to refuse to hire someone who sued another employer for wage-and-hour violations under the FLSA. Even so, tread carefully in this area, because the rules could change.