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Ohio

Choosing employees for promotion: A 6-step legal process

07/06/2009
HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

Delphi learns the hard way: Don’t mess with medical records

07/06/2009

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records …

Competition for job openings heats up to record high

07/06/2009

Those few employers that are adding staff are sifting through more résumés than ever. Employers, on average, are evaluating 5.4 candidates for each of their openings, according to the Bureau of Labor Statistics.

Ohio Supreme Court strikes municipal worker residency rule

07/06/2009

In a 5-2 decision, the state Supreme Court has ruled that municipalities may no longer require their employees to live within the municipality’s borders. The ruling upholds a 2006 state law that struck down various “home rule” provisions …

Set clear, consistent response to ‘I’m sick’ calls

07/06/2009

FMLA rules say employers are required to let their workers know about the law and how to go about requesting FMLA leave for a serious health condition. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave. Make sure all managers and supervisors know how to handle medical call-ins so that a potential FMLA request doesn’t get lost.

‘Difficult’ employee? Don’t assume a disability

07/06/2009

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.

Even the best sexual harassment policy is useless without supervisor vigilance

07/06/2009

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

Appeals Court reverses stance; gives a thumbs down to ‘association discrimination’

07/06/2009

In a decision sure to create a buzz, the 6th Circuit Court of Appeals has ruled that Title VII does not provide retaliation protection for employees who weren’t involved in protected activity.

Changing an employee’s duties may require changing his FLSA classification

07/06/2009

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

Don’t bad-mouth terminated employees

07/06/2009

Here’s a timely warning during bad economic times: No matter why you discharge an employee or terminate a working relationship, resist the temptation to interfere with that person’s future employment prospects. In Ohio, such ex-employees will have multiple avenues for potential lawsuits.