Generally speaking, those who wait five years to complain about perceived sexual harassment in the workplace, don’t win lawsuits if they are eventually fired. But what happens when the complaint takes the form of a status update on Facebook? Does that offer the employee extra protection? Find out after the…
The Employer Handbook Blog
ABA Journal names The Employer Handbook a top law blog (again)! #TeamHandbook
Notice anything new at The Employer Handbook? Maybe the image on the right. Your other right. Yeah, there it is. The Employer Handbook is officially the Grover Cleveland of the interwebz, proudly nominated twice — in non-consecutive years — by the American Bar Association in its Blawg 100 Amici as…
Woman fired after getting sniffed by men 24 times may have a retaliation claim
Play some Skynyrd, man! (Just pretend the song is about reckless indulgences in the workplace, rather than drugs and needles and such, k?) Well, this is a new one for me. A woman claimed that she was employed as a leasing manager for four days. And during those four days,…
To all the employers too gun-shy to fire an employee on the day she returns from FMLA leave
Did I scare you yesterday with my post about the part-time employee denied leave under the Family and Medical Leave Act who may have an FMLA retaliation claim after receiving full-time hours? Well, your blogtender is here with a double shot of courage. (See what I did there?) *** blogtender…
FACT OR FICTION: Giving a part-time employee full-time hours may be FMLA retaliation?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Come on, gang! Did you see yesterday’s blog masterpiece? Those .gif’s don’t animate themselves. My little elves — I’m classifying…
Welcome to the Employment Law Blog Carnival: Hollywood Villains Edition
Welcome everyone to the Employment Law Blog Carnival. What you’ll find after the jump is the best, recent posts from around the employment-law blogosphere all organized around a common theme. So, yeah, we need a theme. [Lousy blog rules] Two years ago, we spun some tunes with the “Employment Law…
EEOC focusing on national-origin discrimination — what employers need to know
Last week, the U.S. Equal Employment Opportunity Commission held a public meeting in Washington, D.C. at which invited panelists spoke on national origin discrimination issues in today’s workplace. Participants discussed various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimination; language and accent issues; effective communication and access issues;…
The prison guard who left the work-release inmates unattended lost his discrimination claim
Yeah, I know. Shocker, right? A prison guard for the Arkansas Department of Corrections drove 27 work-release inmates in a van to a parking lot next to a fried chicken joint. Rather than hit the drive thru, the prison guard left the 27 criminals in the van and went inside…
NLRB ok’s firing of two employees who trashed their company on Facebook
It’s been a while since we’ve discussed discipline for employee Facebook behavior. So, let’s go over some basics. Generally speaking: one employee, griping alone on Facebook about his employer, can be fired; but two employees, complaining together on Facebook about their employer, cannot be fired. The distinction is…
New bill in PA House would erase many local paid-sick-leave laws
Earlier this year, the City of Philadelphia got this close to passing a bill requiring local employers to provide paid sick leave to employee. PA Rep. Seth Grove (York County-R), wants to make sure there are no such close calls in the future. Late last month, Rep. Grove introduced…