Hiring & Firing

This great federal court decision I read offers seven keys to a proper severance agreement

November 21, 2019 | by Eric B. Meyer

A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.

Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading

Can a company require new employees not to bash it on Glassdoor? Is that legal?

November 18, 2019 | by Eric B. Meyer

Glassdoor [Public domain], via Wikimedia Commons

Let’s find out. Continue reading

Holocaust denials — especially in email — generally don’t provide job security

November 4, 2019 | by Eric B. Meyer

Image by macdeedle from Pixabay

Here, I’ll prove it. Continue reading

“Surprise! There’s a Skeleton in Your Candidate’s Closet!”

November 1, 2019 | by Eric B. Meyer

Image by Paul Brennan from Pixabay

A few weeks ago, the great folks at ERE Media invited me to speak at the ERE Recruiting Conference in Washington, DC about what happens when you learn that one of your recruits has done something on social media that doesn’t mesh well with the culture of the company.

No, diversity and inclusion do not mean rounding out the team by hiring someone who posts her Halloween blackface photos on Instagram. Continue reading

Sexy Mister Rogers and the rest of your last-minute ‘what not to wear to work tomorrow’ checklist.

October 30, 2019 | by Eric B. Meyer

Petar Milošević [CC BY-SA 3.0], via Wikimedia Commons

A few years ago, my wife and I were able to convince my younger son (then five years old) that he should consider other costumes beyond his first choice: the “Adult Skeleboner One Piece Costume,” which didn’t glow in the dark like the less-endowed kids’ version he ultimately selected. Continue reading

Yes, you can be fired for sharing Elmo poop memes. It’s another lesson on at-will employment.

October 28, 2019 | by Eric B. Meyer

Image Credit: Cody Hidalgo on Facebook

A Michigan man claims he “legit got fired” for posting a Sesame Street Elmo ‘poop’ meme on Facebook on a Sunday when he wasn’t at work. (h/t The Daily Dot and Unilad)

I suppose that’s kinda … wait for it … sh*tty.

PODCAST: How to Treat Employees Like Humans – Even When You’re Firing Them

October 25, 2019 | by Eric B. Meyer

Image by Gerd Altmann from Pixabay

About a month ago, I shared a podcast from my FisherBroyles, LLP employment law partner, Jessica Brown Wilson, where she addressed how to create a sexual harassment policy.

Now, she’s back. Continue reading

Looking for HR information on conducting workplace investigations? You’ve hit the MOTHERLODE!

October 11, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590)

Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys.

Then, in September 2017, along came a guy named Harvey Weinstein. Continue reading

An employer trolled a job candidate’s bikini photo on Instagram and it backfired HORRIBLY

October 4, 2019 | by Eric B. Meyer

Image by mohamed Hassan from Pixabay

Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer.

But, how many of you have actually gone so far as to publicize your selection process on social media and shame the candidate? Continue reading

If one of your employees wears this to work, tell that person to GTHO!

September 19, 2019 | by Eric B. Meyer

Screenshot-of-Bstroy-on-Instagram-1024x331

Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/)

On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.”

It didn’t end well for the employer. Continue reading