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

North Carolina

Can we require repayment of moving expenses if a new employee quits?

08/22/2008
Q. Our company plans to hire a manager who will move to North Carolina from out of state. We will pay her moving expenses. Can we recoup those payments if she quits after moving here? …

What are the rules on recording an investigative conversation?

08/22/2008
Q. We need to investigate a claim of misconduct against an employee and will interview the employee in person or over the phone. May we record the conversation without telling the employee? …

Is it permissible to recover education reimbursements from final paychecks?

08/22/2008
Q. Our company has a program that reimburses employees for work-related educational programs. However, if the employee leaves the company within one year of the reimbursement payment, the employee must repay the company. Can we take this repayment out of the employee’s final paycheck? …

No workers’ comp just because your job drives you crazy

07/25/2008
Any job can be stressful, but some employees claim their jobs literally are making them crazy. But does that mean that employees whose jobs drive them nuts have an occupational disease? If so, are they entitled to workers’ compensation benefits if they cannot work anymore? Those are some of questions the North Carolina Supreme Court considered in a recent landmark decision …

Workers’ comp disability doesn’t mean automatic ADA coverage

07/25/2008
Employees receiving partial workers’ compensation benefits based on job-related injuries might think they are automatically entitled to reasonable accommodations under the ADA, too. But that’s simply not true. In fact, the ADA requires an individualized assessment. Receiving workers’ compensation isn’t enough …

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

Warn managers about personal liability

07/25/2008
One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

IT workers said the surfing was better at work

07/25/2008
Two employees at North Carolina Central University and one at North Carolina State University have been fired for downloading pornography. The workers also downloaded movies, music, games and software. One of the workers allowed a friend to use his university-owned computer to download music …