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The Employer Handbook Blog

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From the Archives: What ketchup on a hot dog can teach employers about at-will employment

Image Credit: Frinkiac.com Either way, it doesn’t belong on a hot dog. Ever. That much hasn’t changed since I originally posted this last year. Heck, if it were up to me, I’d fire anyone who put ketchup on a hot dog. It seems that would be consistent with the at-will employment doctrine. Under…

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It appears that, yes, you can be fired for flipping off President Trump’s motorcade.

By dbking (Presidential Motorcade, PA Ave NW) [CC BY 2.0 ], via Wikimedia CommonsRemember the woman who… flipped off President Trump’s motorcade, got photographed in the act, became a viral sensation, got fired from her job, and sued claiming a violation of public policy. Whatever happened to that lawsuit? According to multiple…

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Your company is more like Google than you think. You have similar respect-in-the-workplace problems.

A few weeks ago, I delivered a #MeToo presentation to a local chapter of HR professionals. Our dialogue evolved into a discussion of other “respect in the workplace” topics with which many companies are presently wrestling. The trouble with politics at work. One of the audience members volunteered that her…

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What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?

Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor. ***Updates shopping list*** And I’ll bring my…

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If your company receives a subpoena from the EEOC, whatever you do, don’t do this…

By U.S. Government (Extracted from PDF file here.) [Public domain], via Wikimedia CommonsThere will come a time that one of your current or former employees will file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against your company. So, you just received an EEOC Charge. When your…

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Do we have a nominee for “worst employer of 2018”? Let’s see…

Image Credit: Pixabay.com (https://pixabay.com/en/truck-transportation-vehicle-158539/) For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations. Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon…

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Four EEOC-approved ways that your company can prevent age discrimination at work

Colleagues Job Offer Job Workplace Job Search (Image Credit: Maxpixel.net https://www.maxpixel.net/Colleagues-Job-Offer-Job-Workplace-Job-Search-2860035 License use Creative Commons Zero – CC0) Ayo, the U.S. Equal Employment Opportunity Commission just released a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” According…

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Although firing a proselytizing employee may be perfectly legal, making fun of him is a really bad idea.

Image Credit: Pixabay.com (https://pixabay.com/en/angel-church-religion-edward-312462/) Just ask a midwest employer that had its motion for summary judgment denied and now may have to defend a hostile work environment claim before a federal jury.  In that case, the plaintiff and his supervisor often clashed over the plaintiff’s religious views. Among other things: The…

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Before you deny an employee’s request for more extended leave after FMLA expires, read this.

Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/) You know that expression about putting your money where your mouth is? While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. On Friday, we discussed essential job functions under the Americans with Disabilities Act. Specifically, we…

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If I hire you to shovel snow in hell, when hell eventually freezes over, you’d better shovel!

By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Here are the undisputed facts: The plaintiff-employee worked for the defendant-employer first as a shopping-cart attendant, then as a…