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Ohio

This just in: Don’t fire employee for taking FMLA leave

09/05/2008

It seems pretty obvious you can’t legally fire an employee because she took FMLA leave. Every employer knows that, right? Perhaps not. Recently, the 6th Circuit Court of Appeals had to rule on the question when an employer hoped to get a definitive ruling that employees are entitled to leave, but can be fired for using that leave …

Progressive discipline best approach with problem employee

09/05/2008

Some employees may believe their co-workers and supervisors are out to get them because of race, sex or some other protected characteristic. Then they look for evidence to support those beliefs. They catalog every slight for future reference—maybe in a lawsuit. Your best defense against such litigation is a well-established progressive discipline system …

No reemployment delay allowed for returning soldiers

09/05/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) controls how employers handle employees who also serve in the military. As the following case shows, federal appeals courts are losing patience with employers that don’t know or don’t follow USERRA’s strict rules for reemployment …

Arbitration agreement may be used for USERRA claims

09/05/2008

While USERRA may be comprehensive and quite broad, there is at least one area that courts seem willing to concede can be changed. The 6th Circuit Court of Appeals has recently ruled that employees and employers who agree to arbitrate disputes can include USERRA claims in that arbitration agreement …

Raise arbitration early—or else find yourself in court

09/05/2008

Does your organization have arbitration agreements in place for some employees, but not others? Then make sure you keep careful track of whose cases should go to arbitration and whose should not. If one of your employees sues in court, you may lose the right to arbitration if you don’t object to the lawsuit quickly …

Don’t punish manager for telling employee he may be discrimination victim

09/05/2008

Managers who raise potential discrimination claims to upper-level managers and then tell affected employees about the problem are protected from retaliation under the Ohio Revised Code’s employment discrimination sections …

Tell supervisors: You can’t just make up your own performance appraisal standards

09/05/2008

Employers that let supervisors add to or alter the way they conduct performance appraisals are playing with fire. For example, supervisors should never be allowed to assess things like tardiness and attendance using anything but official HR records …

Teacher fired over classroom content has no recourse

09/05/2008

Shelley Evans-Marshall was hired in 2000 with a yearlong contract to teach language arts at Tippecanoe High School in Tipp City. Evans-Marshall received positive reviews in her first year, and was rehired for a second term in 2001. That fall, Evans-Marshall gave her ninth-grade class an assignment featuring the American Library Association’s list of the 100 most frequently challenged books …

‘No regrets’ over splash heard ’round the world

09/05/2008

Maybe the most disturbing aspect of Timothy Tackett’s now infamous bath in the utility sink of the Xenia Burger King where he worked is how quickly the video footage of it proliferated on the Internet …

Attorney general imposes e-mail policy

09/05/2008

In an effort to make a clean break from her office’s scandal-ridden recent history, Ohio Attorney General Nancy Rogers posted a new policy restricting use of office e-mail to work-related business only. Staff was also barred from private text messaging on state-issued cell phones and BlackBerrys …