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Ohio

Aliens and postmarked babies shoot down manager’s case

06/01/2007

The manager of a Dave & Buster’s Restaurant in Cincinnati lost his age-discrimination claim because the case was ruled primarily circumstantial by a U.S. District Court, Southern District of Ohio …

The court affirms: Your employee has the right to an attorney

06/01/2007

An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney …

Grand Rapids finds the legal costs alone can kill you

05/01/2007

The 6th Circuit Court of Appeals recently ruled in favor of a Grand Rapids police officer who was suspended as “unfit for duty” after she filed a sex discrimination lawsuit against the city of Grand Rapids. Now here’s the rest of the story …

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …

Beyond business need, show why individuals got sacked

05/01/2007

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips …

Require Early Clock-In? Allow Early Clock-Out, or Pay

05/01/2007

Do you require hourly employees to clock in a few minutes before they start their shifts to make sure they’re ready to work? If you don’t start paying at that time, you’d better allow an early clock-out …

When planning a layoff, use a checklist to avoid needless age bias litigation

05/01/2007

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act …

Ignoring discrimination policy may lead to punitive damages

05/01/2007

Train supervisors and managers to report religious and other discrimination, and be sure they know not to retaliate against anyone who does come forward. Ohio state law bars discrimination based on religion and other protected characteristics, and employees who can show they were discriminated against can collect punitive damages …

Injury that occurs on way to time clock is covered by workers’ comp

05/01/2007

If you haven’t checked for obstructions, hazards or other safety problems around the company time clock or on the way to it, you should. Check the lunchroom for hazards, too. Ohio’s workers’ compensation law covers employees who are injured while on their way to clock in or out, or while on unpaid breaks or at lunch …

Turns out, what you don’t say can hurt you

05/01/2007

Boston-based IT services provider Keane Inc. faces a discrimination suit because of what a manager didn’t say when an employee announced she was pregnant with twins …