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Articles Posted in Hiring & Firing

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The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

Image by StockSnap from Pixabay It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at…

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“Smokers and other nicotine users need not apply.” Is that even legal?

By Augustus Binu, CC BY-SA 3.0, Link Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Instead, I encourage you to go to SHRM’s website and read this article from Roy Maurer. Roy addresses a decision by the…

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A worker complained on Twitter about a $6 holiday gift from his employer. It didn’t end well.

Number55 [CC BY]A Toronto man who worked for the same company for six years no longer works there. All because of a tweet and a bottle of barbecue sauce. Multiple news outlets are reporting that an employee who received a $5.99 bottle of barbecue sauce from his employer as a…

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“How can the same s**t happen to the same guy twice?”

By POV – Impawards, Link John McClain’s classic line from another classic Christmas movie, Die Hard 2, was the first thing that came to my mind after a story I read last week. According to multiple reports, among them, this one from Evan Simko-Bednarski and Anna Sturla reporting at CNN,…

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This former employee who was fired for social media posts will get his job back. But, your employees probably won’t.

Raymond Wambsgans from Akron Ohio, USA [CC BY-SA 2.0], via Wikimedia CommonsAt dinner the other night, someone asked me what I did for a living. So, I told that person that I’m a blogger dammit and people respect me for it an employment lawyer. She responded with words to the…

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ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.

Image Credit: https://freesvg.org/1550658029 (Public Domain) Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may…

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Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…

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Can you fire a supervisor accused of sexual harassment without investigating first? Yep.

Image Credit: https://www.publicdomainpictures.net/en/view-image.php?image=298867&picture=lifeguard-chair-at-indoor-pool Today, I want to tell you about a lifeguard who worked for several years for an employer in Washington, DC. By his own estimation, this lifeguard “was a stellar employee who was a highly skilled lifeguard, supervisor, swim instructor and coach.”  But, after receiving anonymous complaints of…

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This great federal court decision I read offers seven keys to a proper severance agreement

Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…