Hiring & Firing

Ok, it’s my turn. Can you forbid an employee from job hunting while on FMLA leave?

February 5, 2016 | by Eric B. Meyer

On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.

As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.

Flushing the toilet on a phone interview — and nine other ways not to get hired

January 20, 2016 | by Eric B. Meyer

Well, at least it was a phone interview.

Hey, one thing you guys know about me is that I’m all about the low hanging fruit and the cheap laugh. So, when I see that CareerBuilder has published it’s 2016 version of “Employers Share Strangest Interview Mishaps and Biggest Body Language Mistakes,” I’m bout it, bout it.

(Sorry, FMLA compliance nerds, you’ll have to wait for another post).

When must companies accommodate employee medical marijuana use? How about never?

January 13, 2016 | by Eric B. Meyer

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.

I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.

How the heck do you accommodate the religious beliefs of hundreds of employees?

January 6, 2016 | by Eric B. Meyer

Yesterday, I had one of those moments. You know the ones.

For me, it was when a client asked me when I was going to blog about the Muslim workers in Colorado who were denied prayer breaks and, then, allegedly fired for protesting.

So, I did what any self respecting employment-lawyer-blogger would do: I Googled “Muslim Prayer Employee Protest Colorado Fired,” and I promised a client-inspired Wednesday post.

President Obama wants federal agencies to “Ban the Box”

November 3, 2015 | by Eric B. Meyer

No more questions about criminal convictions on job applications.

Intern fired for racist tweet. But, wait, it gets worse…

October 29, 2015 | by Eric B. Meyer

On Tuesday, a Fox affiliate in Arizona reported here that an intern at a health and wellness company was fired for an offensive tweet.
Continue reading

Let’s revisit that post about cursing out your boss on Facebook

October 22, 2015 | by Eric B. Meyer

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level of old Veteran’s Stadium blush. But, it would have earned a young Meyer some soap in the mouth.

Can You Fire an Employee Based on a Friend’s Facebook Posts?

October 21, 2015 | by Eric B. Meyer

Well, it depends.

When your recently-fired employee shares the secret sauce on Twitter

September 28, 2015 | by Eric B. Meyer

No, the secret sauce isn’t ketchup. Or is it?

Literally. Continue reading

A Bipartisan “Ban the Box” Bill is Introduced in Congress

September 14, 2015 | by Eric B. Meyer

Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors.