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Ohio

Investigations: Interview all bystanders

06/30/2022

Courts will generally honor employer decisions that seem to have been made in good faith. That includes decisions concerning who was telling the truth about a workplace incident.

Fairness can overcome managerial stupidity

05/26/2022

Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.

Don’t suggest retirement in lieu of discipline

04/14/2022

Take care when disciplining older workers. You could be falsely accused of age discrimination if you end up firing the employee. Even a well-intentioned suggestion that the employee may want to retire rather than face termination can be a huge mistake.

Avoid constant questions about workers’ retirement

12/16/2021

When a 60-year-old HP employee got a new manager, the boss began to call him “uncle,” criticized his “old skills” and repeatedly asked when he was “going to retire.” After losing his job in a RIF, the employee sued for age bias.

Be alert for harassment driven by politics

07/22/2021

The political acrimony that divides the country these days can spill over into work. Employees who believe they have been harassed because of their political views can often find an attorney willing to represent them in a lawsuit.

Contracts can’t rush ADA, ADEA deadlines

01/28/2021

Check your handbook for language that sets premature deadlines for employees to file discrimination complaints under the ADA and the Age Discrimination in Employment Act. Anything less than the time frames set out in the laws is unenforceable, a federal appeals court has ruled. In most cases, that is 300 days.

Discipline looming? Expect complaints to be filed

08/13/2020

Employees sometimes try to head off a suspected firing by filing internal complaints. They hope their employers will be so afraid of a retaliation claim that they put the termination on hold. It doesn’t always work.

It’s your call: You decide which rules are critical

03/26/2020

A basic principle of employment law is that employers—not employees—get to decide how workers are supposed to do their jobs.

3 lawsuit-proof alternatives to layoffs

03/19/2020

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Anti-military bias is self-inflicted wound

07/23/2019

Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.