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Ohio

Check policies for impact on older applicants and employees

07/01/2007

Ever since a U.S. Supreme Court ruling in 2005, older workers and applicants have been able to prevail in age discrimination suits if they can show that an employer’s policy or hiring standard has a so-called “disparate impact” on those over 40 years old …

Run handbook by counsel to make sure it doesn’t destroy at-Will status

07/01/2007

Employers can fire at-will employees for any legal reason—or for no reason at all. Employees who work under a contract, on the other hand, have more rights. Don’t let a flawed employee handbook weaken your hand …

Count only hours actually worked for eligibility

07/01/2007

Do you have special incentive programs to make weekend work attractive to employees? If your program pays workers “credit hours” for time not actually worked, you don’t have to include those hours toward FMLA eligibility …

OK to apply different discipline standards to new employees

07/01/2007

If you classify employees as either permanent or probationary, you can apply different disciplinary standards to the different classifications. That’s true even if the employees perform the same job and violate the same rules …

Don’t post promotion opportunities? It’s time to reconsider

07/01/2007

Think twice if your company relies on informal in-house recommendations to fill open positions. The courts look suspiciously on such “networking” promotions and land hard on employers that don’t post job openings …

Track all disciplinary actions to head off disparate-Treatment claims

07/01/2007

When employees sue under the employment discrimination laws of Ohio, they often allege disparate treatment and try to show their employer treated members of their protected class (e.g., age, race, sex) more severely than other employees. The key to a good defense lies in tracking each and every disciplinary action when it occurs

Prompt action by management is key to winning hostile-Environment lawsuits

07/01/2007

The Ohio Fair Employment Practices Act makes it illegal to subject employees to a racially hostile work environment. But not every hostile act does a lawsuit make. Much depends on management’s response to such hostility …

Melee in Medway: The Rough-and-Tumble World of Buckeye Banking

07/01/2007

Security National Bank & Trust (SNB) is responsible for a manager who literally kicked a customer out of the Medway branch office, the Ohio Court of Appeals has ruled …

Immortal words of Imus end state employee’s career

07/01/2007

A 60-year-old administrator in the state treasurer’s office was urged into retirement after she called a fellow worker a “nappy-headed ho” one week after radio personality Don Imus made the phrase famous …

Former comp bureau CFO faces prison time for kickbacks

07/01/2007

Former Ohio Bureau of Workers’ Compensation (BWC) CFO Terrence Gasper received a sentence of five years in federal prison for parceling out millions of dollars in agency investments in exchange for bribes …