Articles Posted in Hiring & Firing

You may get your passport revoked if you hate on the free kick prowess of French soccer star, Dimitri Payet. Nasty!

But, if you work in a tipped position and you question the generosity of French soccer players when leaving gratuities, then, hasta luego. Not even the National Labor Relations Board can save you.   Continue reading

A tight squeeze Project 365(2) Day 357

About two years ago, I blogged here about this decision from the NJ Superior Court, Appellate Division, where the court held that an employer and employee could agree to shorten the statute of limitations on employment claims. For example, in Rodriguez v. Raymours Furniture Company, Inc., conspicuously placed in its application materials, was language requiring that any employment-related lawsuit against Raymours be filed within six months of whenever the claim arose. Thus, if one of these employees was later discriminated against, he would have to file his lawsuit within six months (rather than within two years, as New Jersey’s Law Against Discrimination permits).

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Its seems likes ages ago that I blogged about a Seventh Circuit decision, where the appellate court held that an employment-arbitration agreement with a class-action waiver violates the National Labor Relations Act.

Uh, Eric, it was Tuesday.

***stabs inner voice with a Q-Tip***

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Fact or Fiction?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.”

There are times when an employee claims that his working conditions have become so intolerable — a really, really bad hostile work environment, that he is forced to resign. That’s a claim of constructive discharge. If that employee later wishes to bring a claim against his former employer, he must do so within a certain period of time.

Does the statute of limitations on a constructive-discharge claim begin to run from the date of the last discriminatory act? Or the date of the resignation?

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Because, I’m pretty sure that I’ll get my employment-lawyer-blogger card revoked if I don’t offer a self-deprecating blog post about age discrimination on my 40th birthday. But, feel free to raise my spirits by pledging a pair of tickets to the Philly stop of the Guns N’ Roses reunion tour.

Oh, God! I really am old!

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Imagine arriving at work in the morning to the red light indicator on your desk phone. So, you pick up the handset, punch in a few numbers, and are greeted with a voicemail from your President. She’d like you to ask the employment lawyer whether it’s “legal” to pose an ultimatum to two company managers: Stop cohabitating with each other’s spouse, or find another job.  

Could something like that really happen? Of course, it could. Because, employment law.

Or maybe…

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