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The HR Specialist: North Carolina Employment Law

Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.

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Now that the Lilly Ledbetter Fair Pay Act is the law of the land, it may be time to revisit how you set starting and incumbent salaries. If you currently allow managers and supervisors flexibility on pay issues, consider reducing that discretion.

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Caterpillar, the heavy equipment company, used temporary layoffs to cut costs. Cisco Systems, the global information technology company, did a holiday shutdown in late 2008 to save money.

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Think again if you believe you’re in the clear after a former employee misses a shot at filing a Title VII discrimination suit by waiting too long. Even if an employee waits more than 90 days to sue after the EEOC dismissed his case, that employee may have another bite at the apple—in the form of a North Carolina wrongful discharge lawsuit.

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It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

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Surprise! Supervisors sometimes say dumb things. It may be entirely innocent—they simply don’t realize the impact their words may have. If that’s the case, and someone complains, it may be best to settle the case and move on.

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Probationary university professors whose contracts aren’t renewed because they failed to achieve tenure status can’t use tenure denial alone as the basis of a suit alleging damage to their reputations. They must show that the decision was actually motivated by something like race or sex discrimination.

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The 4th Circuit just made it easier for employees to sue for having to work in a hostile environment. The court said that unpleasant and offensive conduct aimed as one’s sex or race does not have to happen in the presence of the employee who winds up complaining. Conduct witnessed by other employees can be used as evidence …

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Sometimes, it’s unclear whether an employee’s medical bills are related to a workplace injury. Now there’s a bit of good news if you wind up having to cover those bills.

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A retired Marine who is a civilian employee at Camp Lejeune is suing the Marine Corps base for demanding that he remove anti-Muslim stickers from his car. Officials asked Jesse Nieto, whose son was a victim of the 2000 bombing of the USS Cole in Yemen, to remove a decal…

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