I am so stoked for today’s edition of The Employer Handbook Zoom Office Happy Hour. I’ll tell you why. I’ve convinced my friends, Meyling “Mey” Ly Ortiz and Edward Fronczkiewicz, to share their in-house counsel perspectives on employee relations. In her role as Managing Counsel of Employment & Labor at…
The Employer Handbook Blog
Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I’ll offer a brief history lesson. In July 2021, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was introduced in the U.S.…
Hey Handbook! How much time should we give employees to sign a severance agreement?
It depends. If an employee signs a severance agreement, you want them to provide a general release in exchange for whatever consideration the company is providing. If the employee is at least 40 years old, the Age Discrimination in Employment Act requires that the employee receive at least 21 days…
Is it ok to terminate an employee, but then let them complete their FMLA leave?
Tell me what you think of this. An employee is having behavioral issues at work, which leads to an official warning from the employer. The following month, a dispute between the employee and his supervisor leads the supervisor to email Human Resources that the employee’s behavior “is consistent with his…
Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.
Under the Family and Medical Leave Act, employers may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. But unless you fancy defending FMLA interference claims, the call-in procedures shouldn’t require an advanced degree. Nobody’s fault but mine?…
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably. The Seventh Circuit concluded that a white man who was fired for effectively stealing from…
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.” Let’s test that theory today. Honest to a fault. The plaintiff in this case worked for a credit union. The…
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial. But plot twist! He didn’t. “I feel like you are racially discriminatory towards me.” The plaintiff, a black man, worked daily with the defendant’s President and Owner. One…
Five fantastic resources to help your business address antisemitism in the workplace
I read a survey last night that blew my mind 🤯 In November, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views of Jewish individuals and their perception of antisemitism in the workplace. Of those surveyed – remember these are the people making the hiring decisions — 29%…
Join us on 12/9/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”
This may come as a surprise to some of you, but the in-house company lawyers don’t always see eye-to-eye with the HR professionals, supervisors, and employees whom they counsel. And vice versa. I’d swap stories with you, but the attorney-client privilege (and my better judgment) cautions against doing so. So,…