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North Carolina

Who gets paid first: employees or creditors?

01/22/2010

Q. My small construction business is closing its doors, and we have limited funds with which to pay employees and numerous creditors. What should we do? Who should we pay first?

Flying pocketknife cuts into heart of employer’s policy

01/07/2010

Employers may suffer the slings and arrows of outrageous fortune from time to time. But when knives fly at work, supervisors better know the relevant company policies. Consider the case of an employee at the North Carolina Department of Transportation who was apparently the workplace prankster.

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

You don’t have to put up with insubordination

12/24/2009

Employees who file discrimination complaints sometimes end up with a chip on their shoulders while the complaint is pending. And since they know it’s illegal for employers to retaliate against them, they’re on the lookout for anything that seems like punishment. But that doesn’t mean employers have to shy away from disciplining those employees when it’s deserved.

Don’t know who’s harassing? What to do

12/24/2009

What’s an employer to do when an employee complains of anonymous harassment? You may never be able to figure out who is doing the harassing, but you must still do something—if only to show that your company doesn’t approve. Begin by opening an internal investigation, just as you would for any other complaint.

North Carolina again ranked as top business ‘go-to’ state

12/24/2009

Site Selection magazine—whose readers decide where to locate new corporate facilities—has ranked North Carolina as having the top business climate in the nation for the fifth year in a row. Texas was the runner-up, with Virginia, Ohio, Tennessee, South Carolina and Alabama rounding out the top seven.

Use objective criteria—and beware subjective judgment calls—when deciding promotions

12/24/2009

Nothing speeds a disappointed job-seeker’s trip to court like a selection process based on an employer’s use of subjective criteria to make the hiring decision. That’s especially true if the biggest deciding factor is subjective, while objective factors receive lesser weight.

Internal wage-and-hour complaints don’t count as ‘testimony’ in FLSA retaliation cases

12/24/2009

The Fair Labor Standards Act includes a retaliation clause that bars employers from punishing employees who provide “testimony” in FLSA cases. That doesn’t mean, however, that employees who complain internally about wage-and-hour issues are automatically protected.

When firing employees, take reasonable security measures

12/24/2009

Some employees get mad when they learn they’re being terminated. Some may even try to abscond with valuable company property or records as a way to retaliate for losing their jobs. That’s why employers should take reasonable measures to protect records and property—even if that means escorting the fired employee out of the building and preventing access to work spaces and equipment.

Drunken worker injured? Discipline right away

12/24/2009

Employees who come to work under the influence of alcohol are obvious safety risks. If workers are impaired, don’t hesitate to act promptly. Waiting until someone gets hurt could backfire badly. Courts may view the delay as suspicious and assume you’re fabricating a reason to fire the allegedly intoxicated worker.