Employment Law

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The U.S. Department of Justice has filed suit against the Warren County Board of Education, claiming it ­violated the USERRA when it refused to reinstate an assistant principal, a 20-year veteran of the Army Reserve who had been called to active-duty service in Kuwait and Afghanistan.
Get an agreement in writing with any employees who use social media under the company’s name. It should clarify who owns those accounts and what will happen to the followers if the employees departs.

More employees these days are taking their grumblings about work (and their co-workers) from the office to the virtual watercoolers of Facebook, Twitter and other online outposts. But as a new ruling shows, it’s best to avoid punishing workers for discussing workplace issues online.

North Canton-based Star Air faces a DOL lawsuit that seeks more than $600,000 in fines and reinstatement for two drivers allegedly fired for re­­fusing to drive unsafe vehicles.

Q. I’m dealing with an enforcement agency investigator who is really rude. She accuses me of hiding information, threatens to subpoena information and says things like, “I know all about your company and how it treats minorities.” She’s been calling my managers at home and demanding that they answer questions. What do I do? Am I going to make things worse if I complain about her behavior?

Anytime you settle an employment discrimination case, make sure someone is in charge of implementing all the settlement terms. Otherwise, that case you thought was over and done with could easily wind up back in court.
An employee you’re about to fire says he’s being discriminated against. If you think he’ll sue if you terminate him, consider offering him a last-chance agreement—all he has to do is promise not to sue for discrimination.
The U.S. Supreme Court last month agreed to hear a pair of cases challenging state and federal laws that define marriage to include only unions of a man and a woman. Depending on how the court rules, married same-sex couples could become entitled to several federal benefits and legal protections.
A group of newspaper delivery people has won the right to take to court as a class action their dispute over whether they are independent contractors or employees.
Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.