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The Employer Handbook Blog

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Court bars Facebook “friending” in discovery

If, in a pending civil action, the defendant requests to Facebook “friend” the plaintiff in order to learn more about the plaintiff’s claims, must the plaintiff accept the friend request? This is precisely the issue that a PA Court of Common Pleas recently faced. So, what happened? Find out after…

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Did you know? A prevailing defendant may recover e-discovery costs

Earlier this month, a Pennsylvania federal court held that plaintiffs in a contractual-dispute matter must reimburse the defendants, who prevailed on summary judgment, for all costs that the defendants incurred in the production of e-discovery. Now that’s a hammer! More on this decision and how it might apply in an…

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Can you reject an applicant BECAUSE he just completed drug rehab?

Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.” Does that mean that an employer cannot refuse to hire…

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PROOF that a Twitter firing can withstand NLRB scrutiny. Read on…

  I was considering three topics for today’s post: A teacher who was fired for watching 67 seconds of pornography; This smokin-hot cheerleader, fired for the NSFW-version of the photo on the right, who has filed a national-origin discrimination claim against the Indianapolis Colts; or A National Labor Relations Board…

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How long does an employee get to review a severance agreement?

  If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals. And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances”…

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Baseball wants off-the-field conduct on the table in labor negotiations

Steroids are so 2010.   With high profile baseball players like Detroit’s Miguel Cabrera and Cleveland’s Shin-Soo Choo getting arrested this year for DUI, Major League Baseball aims to crack down on certain off-the-field conduct that could give the sport a black eye. More on how this could factor into…