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Articles Posted in Hiring & Firing

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How a fired employee’s Facebook posts about Obama and “a thug” led to a $1.5M jury award — UPDATED

[After publishing this post, I was contacted by counsel for the City of Charlotte. It seems that some of the facts in both this post and the underlying reports upon which I based this post don’t tell the full story. So is this … (pause) … “Fake News”?!? Here is…

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Fired for accidentally live-streaming nude on the company’s Instagram page (oops!), now she’s suing for her job back

Yep. That’s me after reading yesterday’s Google Alerts; the ones I set up to capture employees doing dumb stuff on social media. Hey, before I get to today’s social media booty (pun, toooooootally intended), I want to remind you about two free live seminars I’m presenting with my friends at Kistler…

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2d Cir: Employee can curse out his boss and his boss’s family on Facebook and keep his job.

What the f*&k?!? I blogged about this case about two years ago (here), when it was pending before the National Labor Relations Board. In involves an employee who, on his work break, took out his iPhone, went on his personal Facebook page. Once on FB, the employee spewed about his boss, calling…

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The two new bills in Congress that should be on every employer’s radar

After some Monday clickbait and yesterday’s doppelgänger edition, I’d like to be serious with today’s post. ***fart*** You say overtime; I say comp time. Under the Fair Labor Standards Act, when a non-exempt employee works more than 40 hours in a workweek, that employee gets paid overtime at time-and-a-half the regular…

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EXCLUSIVE(ish)! Philly Chamber sues to block new law banning job interview questions about salary history

Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23. Early Thursday morning, Philly.com’s Tricia L. Nadolny reported here that the…

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What went down at the EEOC Meeting on the State of the Workforce and the Future of Work?

So, glad you asked. In a nutshell, the consensus was that training, vocational and apprenticeship programs are essential to creating more employment opportunities for workers. While technology and removing barriers for folks with disabilities could create more opportunities for more educated workers; one panelist cited President Trump’s push for infrastructure investment as…

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Ok, I’ll bite. Why did Cracker Barrel fire Brad’s wife?

In case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what. If you’re late to the party, and don’t have a clue what I’m talking about, read these posts: Why did Cracker Barrel fire Brad’s wife? The Internet demands…

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No, not even the ADA requires accommodating an alcoholic’s DUI-related incarceration

By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia CommonsAlcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform…

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Social media adds to January 2017’s unemployment numbers

I feel like, last week, I was a little harsh on ADA plaintiffs. So, today, to show mercy that I’m an equal-opportunity jerk, I’ll focus on people who either lost their jobs or stand on pretty precarious footing because of social media. A Secret Service agent for President Trump posted…