Inconsistent discipline is bad. But, when an employee’s request for leave under the Family and Medical Leave Act precedes the inconsistent discipline by only 48 hours, damn, that’s not just a lawsuit, that’s jury-verdict material. The details on this bloodbath and a few lessons for my employer-readers after the jump… Kathleen…
Documentation is good; smoking-gun emails from the HR Manager not so much. After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims. * * * In Phillips v. StellarOne Bank (opinion…
In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit. Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial. What did this employer do…
In my years of practicing employment law, I’ve drafted several employee handbooks and Family and Medical Leave Act (FMLA) policies for employers. The policies I draft are thorough. But just the other week, it occurred to me that I should probably add some language to the effect that supervisors should…
Late last year, the US Department of Labor issued this fact sheet, which provides general information concerning the Family and Medical Leave Act’s (FMLA) prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA. Last month, the DOL followed up…
That according to a a new survey from The National Partnership for Women & Families. The survey compared how state-based rights and protections compare to the 12 weeks of leave for new and expecting parents provided by the federal Family and Medical Leave Act (FMLA), the protections provided by the…
One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump… * * * Severance yes, unemployment compensation…
Cool image, huh? I drawed it myself. The fact that I took the time to do that suggests that I am in no condition to blog intelligently. Plus, Pandora is on the fritz, so I am all sorts of pissy. Therefore, before I turn out the lights and lock the…
Stop me if you’ve heard this one before… Employee gets bad performance review. Employee laments to HR about the pressures of work. Employee emails a company vice president requesting that he stop propagating company “propaganda”. Employee accuses another employee of “dismantling the Spanish Department” Employee attempts to mass email the…
Yesterday, the U.S. Supreme Court in Coleman v. Court of Appeals of Md. held that state employees have no cause of action under the self-care provision (last bullet point in the hyperlink) of the Family and Medical Leave Act. In plain English, if you work for a State employer, and…