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Ohio

What legal issues should we weigh before allowing employees to bring their pets to work

06/09/2010
Q. We run a pretty laid-back office and are considering allowing employees to bring their pets to work. Anything we should be thinking about?

What are the legal risks of not paying interns?

06/09/2010
Q. For years, we have used student interns during the summer months. Because they are interns, we do not pay for their services. Is this legal?

Consider alternatives before choosing mandatory arbitration

06/09/2010

Employers and their lawyers often favor mandatory arbitration of employment claims for two reasons: It’s a cost-effective alternative to court, and it’s an insurance policy against runaway jury verdicts. Arbitration, however, can often prove just as costly as court. Thus, while many employers continue to favor arbitration to limit their potential exposure in front of a jury, others have begun to consider alternatives.

EEOC wrings $500,000 out of Everdry in harassment settlement

06/09/2010
Cincinnati-based Everdry Marketing and Management, a waterproofing firm, has paid more than $500,000 to satisfy a judgment won by a group of 13 women who filed sexual harassment claims against the company.

Prepare business case to justify job cuts

06/09/2010

Courts understand reductions in force and recognize that companies sometimes have to make tough decisions. When an employer can show it had good reasons for cutting employees through a RIF, affected employees will have to come up with solid discrimination evidence early in the litigation game.

Aggressively defend against even the flimsiest lawsuits

06/09/2010
Employees who lose their jobs often think the reason just has to be discrimination. Their first stop after receiving their pink slips: a lawyer’s office. If the resulting lawsuit is meritless, push hard for dismissal.

Beware demanding 100% recovery–it could mean you’re violating the ADA

06/09/2010

Employers are naturally concerned about employees who hurt themselves at work and collect workers’ compensation benefits. One of those concerns is that an early return, before the employee is ready, may cause a reinjury. That attitude, however, can come back to hurt if you insist on a 100%-healed requirement before the employee can resume work.

Transfer isn’t reasonable accommodation if it violates another employee’s labor rights

06/09/2010
Disabled employees may be entitled to transfer to an open position as a reasonable accommodation. But if that open position is subject to a collective-bargaining agreement, and another employee should receive the job under that agreement, the transfer would be unreasonable.

Ensure workers understand waivers before signing

06/09/2010

The idea behind alternative dispute resolution is that cases will take less time and cost less money to litigate. But that may not always be true. Often, employees who have signed arbitration agreements and promised to use an alternative dispute-resolution process end up suing in federal court to try to get the agreement thrown out. Courts often oblige.

Getting ‘silent treatment’ isn’t adverse action

06/09/2010

When someone gets fired because a co-worker complained about discrimination, other employees may get upset. Frequently, they don’t know the back story and may ostracize the employee who originally complained about discrimination. That’s especially true if the terminated employee was well liked. However, courts generally won’t consider it an adverse employment action if workers give the complaining employee the “silent treatment.”