The HR Specialist: North Carolina Employment Law

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

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The DOL’s FMLA regu­­la­­tions provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.

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G2 Secure Staff has settled a disability discrimination charge stemming from poor hiring practices at Raleigh-Durham International Air­­port, where the company provides security services.

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The EEOC has filed suit against Medi­­cal Specialties Inc., alleging it discriminated against Evelyn Lock­­­­­­hart because of her religion. She is a member of a Christian denomination whose practitioners are forbidden to work on certain days.

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Papas Grille in Durham is facing an EEOC lawsuit alleging it failed to address sexual harassment complaints from two women who worked in the kitchen.

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Whenever an employee reveals a disability, employers must explore reasonable accommodations. The EEOC clearly doesn’t consider it reasonable to send an employee home and then fire him, as the following case shows.

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One of the easiest ways to win a bias or harassment lawsuit is to get it dismissed on the grounds that the employee who is suing missed the 180-day deadline for filing an EEOC complaint or never filed at all. Check with the EEOC, and then pass the information to your attorneys.

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You must track all disciplinary actions. That way, you can quickly determine whether your discipline has been equitable.

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Employees who intentionally don’t follow directions are in­­sub­­ordinate. That means you can fire them—even if they recently filed discrimination charges. Just be sure you can justify your action.

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Smart employers never ignore lawsuit filings—even if the allegations sound ridiculous and they’re coming from someone who is acting as her own lawyer.

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