April, 2014

Apparently, selling “Wake The [expletive] Up” coffee raises the “for cause” termination bar

April 30, 2014 | by Eric B. Meyer

Let this be a lesson to those who are thinking about selling “Wake The F*&k Up” Coffee, “The Hottest F*&king Nuts,” or “The Hottest F*&king Sauce.”

Recently, I read this article from Clark Kauffman in the Des Moines Register about a cashier at the Last Chance Market in Iowa, who was allegedly fired after she and a customer began discussing various sexual activities in front of other customers. These customers then complained to management about the sexual banter, hence the pink slip.

Not that the employer need a reason to fire the crude cashier. Presumably, she was an at-will employee. But, the stakes are raised when an employee files for unemployment compensation benefits. That is, generally speaking, a terminated employee will receive u/c, unless the termination is for some sort of willful misconduct.

Teacher can’t return to work two weeks after maternity leave ends, but may have an ADA claim

April 29, 2014 | by Eric B. Meyer

Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink slip at 12 weeks and a day. This is because additional leave may be a reasonable accommodation.

The same issues can arise if you have a pregnant employee. That is, you need to consider the interplay between the Pregnancy Discrimination Act and the ADA.

A recent case shows how the ADA may apply to pregnant employees.

Plaintiff demands that a court order her alleged sexual harasser to photograph his penis for inspection

April 28, 2014 | by Eric B. Meyer

As an employment lawyer, part of my practice involves training employees and supervisors on employee handbooks. Most often, my training focuses on respect in the workplace.

During these sessions, I employ many techniques to discourage the workforce from engaging in behavior that could create a hostile work environment. Usually, I’ll put it like this:

“If you would feel uncomfortable sitting in a witness box while having to explain your behavior to a federal jury, then it’s not something that you should do in the workplace.”

I ran my mouth for an hour and six minutes about the FMLA/ADA interplay

April 25, 2014 | by Eric B. Meyer

Only the dorkiest of HR/Lawyers dorks could appreciate this webinar.

Here is the recording.

Here are the slides.

ALJ strikes social media policy disclaimer for work-related speech

April 24, 2014 | by Eric B. Meyer

How many of you have social media policies, which contain a provision that reads something like this…

“If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: ‘The postings on this site are my own and don’t necessarily represent the positions, strategies or opinions of the Company.'”

Yeah, I write these disclaimers all the time for clients. Apparently, they’re unlawful.

Sixth Circuit redefines the “workplace” when considering attendance as an ADA essential job function

April 23, 2014 | by Eric B. Meyer

These blogging fingers have had much to say about telecommuting as a reasonable accommodation under the Americans with Disabilities Act.

Now, if you’ll excuse me, these blogging fingers are going to dunk broccoli into spinach dip.

Ok, I’m back.

As of Sunday, Philadelphia businesses without this workplace poster are breaking the law

April 22, 2014 | by Eric B. Meyer

Back in February, I reported here about the new pregnancy-accommodation law that went into effect in Philadelphia.

The law requires local business to provide reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.

The law also requires Philly employers to post notice of the new law in the workplace.

There is no right to be completely left alone while on FMLA leave

April 21, 2014 | by Eric B. Meyer

One of the questions I hear a lot from employers is: Can we communicate with employees on Family and Medical Leave Act leave and, if so, how much?

I’ll get to that in a second.

#HelpShaneFightCancer

#HelpShaneFightCancer

April 18, 2014 | by Eric B. Meyer

This is going to be a tough one, folks.

Today, I’m setting aside workplace issues to focus on a little boy named Shane.

Shane was born on July 11, 2013. The youngest of three, by all accounts, Shane was a happy and healthy newborn. His parents are truly blessed and his siblings adore him. Now, Shane is eight months old. And, as you can tell from the picture, he’s got a toothy grin that lights up a room.

Employment Law Blog Carnival – Pick Your Holiday Edition

April 17, 2014 | by Eric B. Meyer

The third week of April ushers in several holidays: Passover, Good Friday, Easter.

But no matter what your religion or god — even a sacrilicious ceiling waffle — we can all agree that the Employment Law Blog Carnival, which you can find this month at Tim Eavenson’s blog: Current Employment, is the workplace glory.

This month, Tim has more posts about HR-compliance than you can count on your ten fingers. So raise your hands up to the sky and shout Hosanna! The power of the #ELBC compels you!