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Ohio

Court won’t second-guess good-faith firing decisions

02/03/2012
Don’t agonize over terminating an employee for misconduct. You can be wrong about the underlying facts as long as you acted in good faith when making the firing decision.

You can terminate someone on FMLA leave–as long as reason has nothing to do with FMLA

02/03/2012
Some employees mistakenly believe that if they take FMLA leave, they can’t be terminated. That’s not true. The FMLA regulations even allow employers to fire employees on FMLA leave before they return—if they can show the termination was unrelated to leave.

Subpar employee fired for good reason? He can still sue for FMLA retaliation

02/03/2012
Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.

Warn bosses: No disparaging military service

02/03/2012
If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.

Let ’em know: Post all promotion opportunities

02/03/2012
Here’s an easy fix for a potentially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost productivity. It also signals to employees that you value them and encourage equal opportunity.

Be prepared to answer the question: Are you biased, or is employee overly sensitive?

01/16/2012
Every once in a while, you’ll run across an employee who is hyper­­sensitive to any criticism. She may even attribute it to bias against a protected status, and may file an EEOC complaint. Rest assured that if you investigated and took her complaint seriously, the EEOC complaint will likely be dismissed.

Elyria suit highlights harassment investigations

01/06/2012
Multilink, an Elyria-based supplier of computer networking equipment, is fighting off an EEOC sexual harassment lawsuit that might have been prevented if it had investigated an employee’s initial complaint.

Cuyahoga pays $100K to settle with gay former employee

01/06/2012
Former government employee Shari Hutchison has settled her discrimination complaint against Cuyahoga County for $100,000 after winning a landmark decision for gay and lesbian workers.

President proposes new pay rules for home health workers

01/06/2012
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, Presi­­dent Obama is asking the U.S. Depart­­ment of Labor to change FLSA regulations covering home health care workers.

Minor lifting restriction doesn’t mean ADA disability

01/06/2012
Not every injury causes a disabling condition that qualifies for ADA protection.