• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

North Carolina

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …

How far back can we go when conducting background checks on employees?

10/24/2008

Q. We do background checks on our employees. Is there a restriction on how many years we can go back on the employee? …

Is it illegal for employees to use cell phones while driving?

10/24/2008

Q. Our employees often use their cell phones when driving vehicles. Does North Carolina prohibit or limit cell phone use while driving?

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

Act fast, train when sexual harassment complaints arise

09/26/2008

It takes more than a written policy to avoid liability for sexual harassment. But if you back up your policy with regular training and reminders and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Doctor’s note should trigger FMLA certification request

09/26/2008

The FMLA gives employers the right to ask for proper medical documentation showing that an employee actually needs and is entitled to medical leave. The law also makes it clear that employers don’t have to accept vague notes or leave requests. But that doesn’t mean you can ignore a doctor’s note that is unclear or ambiguous about the employee’s condition …

Start new accommodations process if disability worsens

09/26/2008

Some disabilities get worse with time. An accommodation that allows an employee to perform the essential functions of her job today may not work as well in six months or a year. That’s why it’s important for HR to stay on top of the employee’s disabling medical conditions …

Lawsuit brewing? Think twice before destroying documents

09/26/2008

When discrimination charges go to court, both sides are entitled to copies of all relevant evidence. That includes memos, notes and e-mail (with some exceptions for confidential, trade secret or attorney-client privileged communications). Don’t think you’ll be able to avoid liability by getting rid of some documents …

REDA provides whistle-blower protection during some internal investigations, too

09/26/2008

Until recently, it was unclear whether reporting unsafe or illegal working conditions to an internal auditor or another responsible party was “protected activity” under the North Carolina Retaliatory Employment Discrimination Act (REDA). Now a federal court has decided that REDA may cover internal reports …

Good news: EEPA does not include retaliation claims

09/26/2008

North Carolina employers have one less thing to worry about: A federal trial court recently decided the North Carolina Equal Employment Practices Act (EEPA) does not allow employees to file separate retaliation claims on top of initial discrimination complaints …