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The Employer Handbook BlogHe Complained. He Got Fired Six Days Later. The Employer Still Won. Here’s How.
The termination decision-maker didn’t know about the complaint. That gap cost the employee everything.
If You Can’t Explain Why Each Employee Needs a Noncompete, You May Have a Problem
Over 18,000 pest-control workers were allegedly barred from competing with their former employer for two years after leaving. The FTC says that’s 18,000 too many.
The $11.5M SHRM Post-Trial Ruling Is Here. The Warnings Inside Apply to Every HR-Sophisticated Employer.
The $11.5 million verdict against SHRM survived. Now the court’s explanation of why offers a sharper lesson than the verdict itself.
Social Security Said He Can’t Work. His Lawsuit Said He Could. Guess Which One the Court Believed.
An employee told Social Security it was “impossible” for him to work, then filed an ADA lawsuit claiming he could perform his job with accommodations. The court tossed it on summary judgment. Continue reading
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
Can an Employee Lose a Discrimination Case by Refusing to Show His Own EEOC Charge?
An engineer got fired for making offensive comments about his non-Christian co-workers, then sued for religious discrimination. There was just one problem: he wouldn’t show anyone the EEOC charge he filed.
Can Unpaid Volunteers Sue for Discrimination?
A police department ran a volunteer program that looked and felt a lot like a job, complete with uniforms, badges, ranks, performance reviews, and a paramilitary chain of command. Three young women in the program alleged sex discrimination and retaliation, got dismissed, waited over two years to file charges, and then sued under Title VII. The court shut it all down. Continue reading
Bad, abrupt termination after a discrimination complaint. Still lawful. Here’s why.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
“Take it or leave it” is not a religious accommodation strategy
A weekend schedule change. A Sunday church conflict. And apparently no one at the company thought to have a conversation about it. Continue reading
We’re in Toronto. It Was Not My Idea. Send Help.
This week, I’m taking three of my four kids to Toronto for spring break.
My boys picked Toronto because all four of the city’s pro sports teams are home this week. The Blue Jays, the Raptors, Toronto FC, and the Maple Leafs — fine, three major ones and the Leafs.
I picked St. Thomas. I lost. Continue reading