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North Carolina

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.

Harassment ‘cure’ can’t burden employee more

03/29/2011

Employers have an obligation to stop illegal harassment as quickly as possible. But jumping at the first apparent solution may not be the best way to go. First, consider whether the proposed fix makes things worse for the victim. If it does, you’ll need to take another approach.

Don’t change termination reason after the fact

03/29/2011

Before you officially terminate an employee, make sure you have nailed down the reasons. That’s the official word—even if your decision is challenged. Here’s why: A court may see new or additional reasons as evidence that the first reasons were just excuses.

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Durham testing company settles religious bias lawsuit

02/28/2011

Durham-based educational testing firm Measurement Inc. has agreed to pay $110,000 to settle an EEOC religious discrimination suit filed on behalf of a former employee who belongs to a Christian denomination known as the Children of Yisrael.

Severance agreement holds up, despite unusual promise

02/28/2011
Finally, some good news for employers! A severance agreement that releases all claims against the employer will likely be enforceable in North Carolina, even if the employee claims her supervisor promised other benefits.

Warn bosses: Talk of protected characteristics can flag bias

02/28/2011
Here’s a warning you should make sure supervisors hear loud and clear: No one in management should ever mention a protected characteristic (such as age, race or gender) while discussing a promotion or hiring decision.

Not everyone wears a halo: Courts don’t expect perfect work environment

02/28/2011
Some employees act like they expect everyone at work to be on their best behavior all the time, never doing or saying anything even mildly offensive. That’s just not realistic.