A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed. After an uncomfortably long pause, I went back to drafting the…
On February 21, the National Labor Relations Board decided (here) that nondisparagement and confidentiality provisions in a severance agreement that businesses give to employees are unlawful. The case involved a situation not unlike many your business may have encountered before. In 2020, COVID-19 restrictions caused the employer to furlough 11 employees because…
Yesterday was the funeral for Tyre Nichols, a 29-year-old Black man. Last month, Memphis police pulled over Mr. Nichols for allegedly reckless driving. But body camera footage captured five police officers beating Mr. Nichols following the stop. He later died. The five officers were charged with murder, and protests took…
It’s 2023. When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech? Our recent addition to the unemployment line is a semi-professional hockey player in Illinois. He…
It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration the company is providing. If the employee is at least 40 years old, the Age Discrimination in Employment Act requires that the employee receive at least 21 days…
Remember when we used to hang out on Friday afternoons on Zoom and talk about employment law? It wasn’t as dorky as it sounds. We called it The Employer Handbook Zoom Happy Hour. I usually had a few guests presenting with me. But there were no PowerPoints. Actually, it was…
With Summer winding down, it’s time to knock the dust off my Zoom Pro account, pour a beverage, and bring back The Employer Handbook Zoom Happy Hour. Most of you know the drill. But I’ll explain for the newer subscribers. On Fridays, often flanked by a FisherBroyles partner or another…
Well, that’s not exactly what your employees should think if you operate a mortuary transport service. But, Fox5 in Las Vegas ran this story about a mortuary transporter who was recording the transport of dead bodies to several funeral homes and crematories throughout the Las Vegas valley and then posting…
The former part-time Director of Operations for a college hockey team was sure that her employer fired her because she was gay. Consider the following: During the 2014-15 season, the women’s hockey team had five staff and coaches, all of whom were gay women. The part-time Director of Operations (also…
Some of the tenets of good HR compliance include documenting and communicating performance issues and taking additional formal steps to alleviate them. If those steps fail, the employer can proceed with termination, being sure to document the reasons supporting the final decision. A 65-year-old client manager sued his employer, an…