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North Carolina

Make it easy for courts to side with you: After complaint, document all discipline

04/09/2014
Generally, employees who complain are sensitive to possible retaliation—to the point that some sus­­pect retaliation even when it hasn’t occurred. Protect your organization by making sure that you document all subsequent discipline, showing that it was imposed fairly in a way that’s consistent with company policy and your past disciplinary practices.

Beef over handling pork leads to court date

04/03/2014
A former meat packer at the Smith­­field Foods plant in Clinton has a bone to pick with the company. She claims her complaints about food safety went un­­heeded and uninvestigated during her 18 months on the job.

Court losing patience with pro se complaints

04/03/2014
Courts seem to be losing patience with so-called pro se lawsuits in which workers act as their own lawyers to sue and provide no specifics about alleged employer wrongdoing.

Track worker receipt of electronic handbook

04/03/2014
Want an easy way to show that an employee acknowledged receiving a copy of your arbitration agreement? Include it in the employee handbook. Then have IT track when employees received it.

Worker claims negligent supervision caused harassment? She must sue under Title VII

04/03/2014

Employers that don’t do enough to combat sexual harassment in the workplace face liability under Title VII. But it doesn’t follow that har­­assed em­­ployees can also sue under state law for negligent supervision. Employees have to be satisfied with the remedies under Title VII and can’t go for a larger jury award under state common law.

Ensure collective bargaining agreements spell out exact wage-and-hour terms

04/03/2014
Here’s a case that illustrates at least one advantage for em­­ployers to a union workplace. If your collective bargaining agreement spells out how pay is calculated and excludes time spent donning and doffing work clothes and safety equipment, a contrary state wage-and-hour law doesn’t apply.

Standardize accommodations process to manage your ADA risks

04/03/2014
Disabled employees who need reasonable accommodations can’t jump the gun and sue prematurely. If they continue doing their jobs and their employer does not take any ad­­verse action against them, they don’t yet have grounds for an ADA lawsuit.

Prevent retaliation after good-faith complaint

04/03/2014

It’s illegal to retaliate against employees for complaining about sex discrimination or harassment. The employee’s initial complaint doesn’t have to pan out, either. It’s enough that the employee reasonably believed in good faith that she was being discriminated against.

Beware retaliation when rehiring after layoff

04/03/2014

When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had ­anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.

North Carolina SBI plans probe of Scotland County Sheriff

03/13/2014
The North Carolina State Bureau of Investigation (SBI) has announced plans to investigate the Scotland County Sheriff’s office, but it’s been mum about the investigation’s focus. At least one news report has linked the probe to the office’s practice of requiring deputies to moonlight for a local warfare training company.