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North Carolina

Employee acts as own lawyer? You’ll need to be patient

11/26/2013
When so-called pro se litigants represent themselves before the EEOC and in federal court, you’ll need patience. It will pay off in the long run.

High-level managers have pay discretion? You’re courting a class-action lawsuit

11/26/2013
Broad discretion about compensation at the bottom of the pay scale usually prevents employees from pursuing a class-action lawsuit similar to the one in the Supreme Court’s 2011 landmark Wal-Mart v. Dukes case. However, all bets are off if the issue is pay for higher-level employees.

Employee lied about criminal convictions on application? That’s a firing offense

11/26/2013
You may have heard that the EEOC is cracking down on employers that use criminal records in hiring. But that doesn’t mean you can’t ask in the hiring process.

Ensure bosses provide training for everyone

11/26/2013
Here’s a tip that can save you from needless litigation: Make sure supervisors don’t play favorites with some employees at the expense of others. You never know which employee will later claim she was excluded from the “inner circle” that got preferential treatment because of a protected characteristic.

Take steps to stop blatant customer harassment

11/26/2013
Employers can’t control everything—including situations in which customers harass employees. As long as you take reasonable measures to prevent or stop blatant harassment, a single incident won’t mean you will be liable for customer harassment.

Beware subtle age-bias peril: Don’t assume older employees are ready to retire

11/05/2013
Employees in this day and age often want or need to keep working despite advancing age. If you force out those workers, you’re asking for trouble.

EEOC says Angel was vengeful

10/30/2013
Angel Medical Center in Franklin faces an EEOC lawsuit for allegedly terminating a nurse who asked for an accommodation that would allow her to keep her job while she received chemotherapy treatment.

Lawsuit after translator at chicken farm gets the ax

10/30/2013

The EEOC has taken up the case of a man who worked as a translator for Haitian workers at a Lumber Bridge chicken farm. The man allegedly complained that Haitian workers at Mountaire Farms were treated more harshly than other employees. He claims that he made one complaint too many and was fired for it.

Settlement helps asthmatic nursing assistant breathe easier

10/30/2013
Camden Place Health and Rehab in Greensboro has settled a disability discrimination claim with a former employee for $51,000. The certified nursing assistant had been fired after she refused to supervise patients during their outdoor smoking breaks.

Draft severance agreements to prevent future lawsuits

10/30/2013
Have a lawyer draft any release that accompanies a severance payment. If the employee sues and the release was carefully written, the court will probably say it bars suing—and may require repaying severance money before the worker can even try challenging the release’s validity.