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Ohio

Strict deadlines enforced for unemployment comp appeals

03/31/2011
In an effort to add finality to cases, courts are beginning to enforce strict deadlines on appeals of unemployment compensation decisions. The lesson for employers: Pay attention to deadlines; submit appeals on time.

Old pay cut may be basis for new pay-bias claim

03/31/2011

It’s important to regularly review your records of evidence of past discrimination. If an employee now earns less after missing out on past promotions, each new paycheck can support an equal-pay claim under the Lilly Ledbetter Fair Pay Act. Now a court has expanded that reasoning to include lower paychecks based on past discriminatory pay cuts.

When employee requests accommodation, beware overly cautious return-to-work conditions

03/31/2011

When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for em­ployee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.

Insubordinate worker? Fire away knowing court probably won’t second-guess

03/31/2011

Employees are expected to follow directions and treat their supervisors with respect. Employees who lose their tempers or refuse to follow legitimate directions are insubordinate. That means you can terminate them, a decision courts will rarely second-guess.

Overly sensitive employee or bully boss? Trust instincts to determine who’s right

03/31/2011

Sometimes, HR professionals have to make judgment calls about who is telling the truth. In fact, just about every workplace investigation requires assessing the credibility of employees, co-workers and managers who disagree about what happened. Take, for example, an employee who complains about a supervisor’s harassment or hostility.

Appeals court rules for employers on ADA

03/31/2011

There’s good news for Ohio employers worried about ADA compliance: The 6th Circuit Court of Appeals has refused to change the law on disability discrimination. A recent ruling upheld prior court decisions that said an employee can’t win a disability discrimination discharge lawsuit unless she can prove that her disability was the “sole” reason for the discharge.

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011
The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Considering major plant closing? Determine who is entitled to WARN compensation

03/04/2011
The WARN Act forbids employers from implementing a plant closing or mass layoff until 60 days after employees have been notified they will lose their jobs. Employees on layoff status when the announcement is made are also entitled to receive warning. They’re also entitled to wage payments if, at the time of the notice, they reasonably expected they would be recalled to work.

EEOC: Cleveland’s Presrite was wrong not to hire women

03/04/2011
The EEOC is suing Cleveland-based metal forging company Presrite Corp. for sex discrimination, alleging the company has a long-standing practice of not hiring women.