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North Carolina

Don’t delay paperwork for FMLA leave

12/04/2008

Act fast if you require employees to furnish medical certification for requested time off. Delaying sending the forms may in itself constitute interference with an employee’s right to take FMLA leave.

DOL issues new FMLA rules; time to review your policies

12/04/2008

On Nov. 17, the DOL finalized the first major overhaul of FMLA regulations in 15 years. Some changes favor employers; others will make FMLA compliance trickier than ever. They will require changes to your policies.

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

As economic route turns rough, beware these 4 RIF potholes

11/04/2008

Layoffs are in the news. With a recession looming, this necessary evil is on agendas throughout corporate America. A layoff—or RIF—is a tricky, painful process for management, those who lose their jobs and even employees who remain afterward. Here are four critical and often overlooked RIF potholes that can make the route more treacherous than it needs to be …

Discipline only after documenting work slippage

10/24/2008

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach …

Remind bosses: No reprisals for complaining

10/24/2008

It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.

Former sheriff won’t be handing out paychecks anytime soon

10/24/2008

Ronald Hewitt, former Brunswick County sheriff, has been sentenced to 16 months in prison, ordered to pay a $10,000 fine and attend mandatory substance-abuse counseling after pleading guilty to obstructing justice in a case that was a hit parade of workplace impropriety.

New employee obviously not working out? Let hiring manager be the one who terminates

10/24/2008

Sometimes, it becomes clear early on that it was a mistake to hire that new employee. If it doesn’t look as though things will improve, it’s a good idea to let the same manager who recommended hiring the employee also be the one to fire her. That makes the termination decision much easier to defend if there’s any question about possible discrimination.

N.C. workers can cite ‘public policy’ violations in wrongful discharge cases

10/24/2008

Although North Carolina is an at-will employment state—that is, employees can be fired for any reason or no reason at all as long as it is not a reason prohibited by law—that doesn’t mean that there aren’t exceptions. One of those is the so-called “public policy” exception, which allows employees to sue for wrongful discharge if their firings violate North Carolina public policy.

Self-administered benefits plan? Make sure your records are impeccable

10/24/2008

Companies that self-administer their ERISA benefits plans, take note: Because your benefits decisions carry an implied conflict of interest (since rejecting a request for benefits such as retirement or payment of a medical bill means spending fewer company assets), courts expect your decisions to be transparent and based on good documentation.