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Ohio

What legal hoops must we jump through if we conduct background checks on applicants?

02/09/2010

Q. I’ve never required background checks on any job applicants. To get a better understanding of whom we’re hiring, I’ve retained a professional screening company to begin vetting our candidates for things such as criminal convictions. Are there any specific protocols we should be following?

A taste of her own medicine: Office manager to pay doc, IRS

02/01/2010

Medical office manager Karen Schmidt of Amberley Village has pleaded guilty to mail fraud and filing a false tax return in connection with a scheme to bilk her employer, Ohio Valley Orthopedics, a Cincinnati-area medical practice.

Why I represent management as an employment law attorney

01/11/2010

I practice management-side employment law because I want to help businesses better manage their talent. I am not so naive to think that employers fire people only for good reasons. Companies fire employees for lots of reasons—good, indifferent and unlawful. Every lawsuit, administrative charge and internal complaint is an opportunity for a company to learn from a mistake … It becomes an opportunity to train employers how to handle an employee-relations problem better the next time.

Think worker can’t take FMLA? Run the numbers

01/11/2010

Before you decide to fire a troublesome employee for missing work because the absences aren’t covered by the FMLA, double-check your math. In one recent case, the employer fired a “poor-performing” employee but cited a dubious reason: She was frequently absent to care for her father and wasn’t yet eligible for FMLA leave. In fact, it turned out she was eligible and the court wouldn’t buy any of the other discharge reasons.

When hiring, don’t overvalue interview skills

01/11/2010

Does your organization’s hiring process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. If an applicant who belongs to a protected class can demonstrate qualifications that were at least as good or better than those of the chosen candidate from a different class, a court may conclude that interview performance was a smokescreen for discrimination.

Ohio employers may get $6K per new hire under stimulus plan

01/11/2010

Using money from the federal American Recovery and Reinvestment Act stimulus funding law, a statewide initiative called Project HIRE (Hometown Investment in Regional Economies) could pay Ohio employers $6,000 to train each qualified new worker they hire.

Under new FMLA rules, think twice before automatically firing workers who don’t call in

01/11/2010

The new FMLA regulations say employers can enforce their usual call-in rules, such as requiring employees to call in before missing a shift. That rule change made employers rejoice, assuming they could safely discharge employees who didn’t show up and didn’t call in. But a new case calls that assumption into question.

No matter how implausible, you must investigate every sexual harassment complaint

01/11/2010

Here’s some solid advice you should heed: Don’t ignore any employee’s sexual harassment claim—even if it seems unbelievable or too incredible to be true. Instead, process the complaint as you would any other, investigate and then try to resolve the matter.

Provide security around workplace to prevent assaults—and crippling lawsuits

01/11/2010

Ohio’s workers’ compensation laws are complex, and employers that want to fight a claim may find themselves in court for years. That costs money. That’s why smart employers look for ways to prevent claims. One of those preventive methods involves the area sometimes referred to as the “zone of employment.”

Pre-existing condition doesn’t always mean no workers’ comp

01/11/2010

Employees with pre-existing conditions that significantly contribute to a workplace injury aren’t eligible for workers’ compensation. That’s presumably because their work activities had nothing to do with the fact that the employee was hurt. On the other hand, if something related to the job contributed to the injury, the employee is eligible for benefits.