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Ohio

State agency to learn whether ‘Preselection’ is discrimination

09/01/2007

An energy specialist with the Ohio Department of Development filed a race-discrimination complaint with
the Civil Rights Division, arguing the department passed him over for promotions to two positions because he is black. The department acknowledged it had created the positions specifically with two other men in mind to keep them from leaving …

Employee swaps RVs for jail cell after embezzlement scheme

09/01/2007

An office manager of Campers Choice Inc., an RV dealer in Swanton Township, received 17 months in prison for stealing almost $100,000 over a four-year period, steadily ruining the company’s finances. The manager fraudulently collected $80,000 in cash and checks written to herself and padded her hours for another $16,000 …

Religious objection to union dues not limited to a few

09/01/2007

An Ohio public employee collective-bargaining law exemption that allows workers to forgo paying union dues because of religious beliefs has been applied too narrowly, the U.S. District Court, Southern District, has decided …

Will pregnancy become a ‘Super-Protected’ class in Ohio?

09/01/2007

Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both. In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning. The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission interprets pregnancy discrimination quite differently than does its federal counterpart, the EEOC …

Must we deliver final paychecks at termination?

09/01/2007

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. …

Nondisabled workers earn ADA protection, too

09/01/2007

Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. …

Are Waivers a Cure-All for Employee Lawsuits?

09/01/2007

Q. Is obtaining a legal release from an employee in exchange for severance pay guaranteed to prevent any legal action by that person? —J.S. …

How to draft a legal drug testing policy

09/01/2007

Q. I recently read a report that said drug use among employees actually went up in the past decade. We’re considering starting to do drug tests. What should our policy say? —L.U. …

Keep written records showing discipline rationale

09/01/2007

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline …

Providing more leave than required? You can legally cut back

09/01/2007

Some employers offer more than the 12 weeks’ unpaid leave annually that the FMLA grants to eligible employees who need to care for themselves or close family members who have a serious health condition. But that doesn’t mean they have to keep doing so. It’s OK to change your leave policy to the legal minimum and then start disciplining employees who exceed the FMLA allotment …