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Articles Posted in Hiring & Firing

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It may be okay to terminate someone after they complain about discrimination if…

A university professor did not have her employment contract renewed after two years on the job. Why not? She claimed it was in retaliation for previous internal complaints of discrimination. According to the school, there were several decision-makers, and most didn’t know she had complained. (So, how could they have…

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What’s the worst that could happen to a former employee who hacks your network and lies to the feds about it?

Well, I don’t know if it’s the worst, but getting sentenced to 24 months in prison for a network intrusion and making false statements to a government agency sounds pretty bad. I was reading about this situation last night, and it sounded like something I would have blogged about before.…

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One court finally answers the question: when does extended medical leave become unreasonable?

“Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery, they requested three more months off to have a second surgery. We provided it. Then, they experienced even more complications that required even more surgery, and their doctor told us they…

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Could a shoddy investigation into a complaint of discrimination lead to a viable lawsuit by . . . the accused?

I’m generally skeptical when I read about lawsuits that individuals accused of discrimination bring against their former employers. Last night, I read about a doctor who was terminated from his position after his former employer received an anonymous complaint allegedly accusing him of sex discrimination. The doctor (plaintiff) claimed that…

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The “E” in injunction stands for “evidence.” (Who’s gonna tell him there’s no…)

  Ready. Fire. Aim. That’s often the approach companies take when they learn that a former employee with restrictive covenants like a noncompetition or nonsolicitation agreement has gone to work for a direct competitor. Many rush into court demanding that a judge enter a temporary restraining order or preliminary injunction…

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An employer got sued for age bias. It admitted wanting to advance younger employees. It prevailed. HOW?!?

The U.S. Army employed a “septuagenarian civilian doctor.” Well, at least it used to. The Army ended his employment as Chief of Surgery and replaced him with a military officer half his age. So, he sued the Army for age discrimination. As part of discovery, the record confirmed that the…

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REMINDER: Employers can start filing their 2022 EEO-1 Reports

Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at that moment that I remembered that the sweetest part of Halloween, the real HR nerd candy, was that the U.S. Equal Employment Opportunity Commission had announced the opening of 2022 EEO-1…

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Can an employer exclude older job applicants for marketing purposes?

The U.S. Equal Employment Opportunity Commission doesn’t think so. Last week, the EEOC announced that it had sued a company called “Meathead Movers,” the largest independent moving company in California, for allegedly refusing to hire people based on age. Here’s more from the press release: The EEOC’s lawsuit charges that…

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I’ll give you a million reasons not to ask employees and applicants about family medical history

The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. While GINA has been…

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On Instagram, an ER doctor said Israelis got “a taste of their own medicine.” CORRECTION: Former ER doctor.

A doctor whose job is to administer potentially life-saving medicine to patients, among them Jews, was reportedly fired after celebrating the massacre of Israelis by the Islamist terror group Hamas. Here’s more from the NY Post: An emergency room physician …shared a video of the heinous Oct. 7 attack on her…