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North Carolina

Think twice before refusing telecommuting– it could be an adverse employment action

04/25/2011
If you let some but not all em­ployees telecommute, you could wind up facing a discrimination lawsuit. Turning down a request to telecommute may qualify as an adverse employment action.

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

Out of sight shouldn’t be out of mind: Monitor remote facilities for signs of harassment

04/25/2011
Some employers are apparently still clueless about their obligations to prevent, detect and remedy unlawful harassment.. Lawsuits continue to clog up the legal system as employees keep filing sexual harassment cases. Many of those cases revolve around what happens far from corporate headquarters.

Beware lawsuits from outspoken employees

04/25/2011

Public employees—people working for government agencies and state colleges and universities—don’t lose their right to free speech just because they work for the government. Discriminating against them because of what they say or believe may be seen as “viewpoint discrimination.” And that can mean lawsuits.

Take hard line on workplace violence threats

04/25/2011

Some employees think nothing of threatening their co-workers. Most employers disagree and aggressively move to stop such harassment. Courts are on the employers’ side: They’ll seldom second-guess a decision to fire the culprit.

Electrical contractor to pay for fed labor law violations

03/29/2011
Fourteen employees of Quinco Electrical—a nationwide commercial electrical firm with a major office in Raleigh—will be getting something extra in their pay envelopes now that the company has settled a case alleging it violated federal contracting labor laws.

No personal supervisor liability under Title VII

03/29/2011

Some employees are so angry about perceived supervisor discrimination and harassment that they want the offending boss to suffer personally. They’ll often try to sue their supervisors directly. Fortunately, that doesn’t work for Title VII discrimination lawsuits.

Employee miffed about your decision? That’s no reason to tolerate insubordination

03/29/2011

Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.

Pattern of strict enforcement helps win harassment cases

03/29/2011
A strictly enforced anti-harassment policy can counter an employee’s argument that she didn’t use the system because she believed it would not help.

Head off problem employees’ retaliation suits: Document all decision-making as it happens

03/29/2011

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.