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Articles Posted in Hiring & Firing

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Law student BLAMES ISRAEL for Hamas terrorism. Law firm promptly RESCINDS student’s JOB OFFER.

According to published reports, like this one from the Daily Mail, an Am Law 100 law firm rescinded a job offer to the president of a law school’s student bar association after learning that the student stated that Hamas’ slaughter of children in Israel was ‘necessary.’ The student also reportedly…

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Talent acquisition specialist fired after video surfaces of her xenophobic rant on a train

According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.” An…

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Thinking about a mutual non-disparagement provision in a separation agreement? Read this!

I’ve drafted plenty of employee separation agreements. Many of them include non-disparagement provisions. Some of them include a mutual non-disparagement provision. But that mutuality is somewhat illusory. For example, in this recent case, the employer and its former employee agreed that the employee would not disparage the employer (among others),…

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An accused sexual harasser thought he had smoking-gun evidence of race discrimination. As it turns out, however…

…the plaintiff missed the mark. Badly. On the plus side, I get a blog post out of it. Direct vs. Circumstantial Evidence When employees lose their jobs and claim discrimination, there are two types of evidence they can use to prove their case: direct and circumstantial. Direct evidence of discrimination…

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WARNING: This could be one of my nerdiest FMLA posts yet.

At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act interference at stake, the judge concluded, “[I]t’s obvious that there is definitely liability because there was clearly a violation of the FMLA. I mean, there’s just no question about it.” But…

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Five plant managers learned the hard way that betting on which workers will get COVID-19 doesn’t pay

About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued. What…

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I know when you can start filing EEO-1 Component 1 Data. Here’s a hint: 🎃🍬🍫

Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data,…

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Another employer learns the hard way that it’s better to hire slow and fire fast

A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…

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EEOC claims four HR employees facilitated two acts of disability bias against the same person

The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both. To the same individual. Here’s more from the EEOC press release:…

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Elon Musk says X will fund legal bills for employees “unfairly treated” for posting or liking on the platform

Screenshot: @elonmusk on X At least that’s what Elon Musk, the billionaire who purchased X (formerly known as Twitter), posted from his X account on Saturday night. He also vowed that there is “no limit” to the funding. Neither Musk nor X has provided further details on the offer, such…