Articles Posted in Hiring & Firing

Grand Palace dress code

Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.

(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).

Aroldis Chapman 2010 (3).jpg

It is fairly common for Major League Baseball pitchers to have music played when they enter a ballgame. For example, the great Mariano Rivera famously entered games in the ninth inning to Metallica’s Enter SandmanAroldis Chapman (pictured above), can hurl a baseball 103 miles per hour with his left hand. He enters games to the sweet soothing Wake Up by Rage Against the Machine.

Except, something changed earlier this week.

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Over the weekend, my HR buddy Heather Kinzie and I exchanged emails about employees discussing politics on social media. Serendipitously, a recent employee firing over an explosive tweet — yeah, I know, shocking — provides with me with some Monday fodder for you.

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Young Professionals NeededFrom a reader who wishes to be identified as “ever faithful blog lover”:

A while ago you mentioned ads with “digital native” as being a cover for trying to recruit “young” folks and being an ADEA violation… so what do you think of an ad that says (twice) “Young professionals” wanted? LOL That’s not even a cover! See attached…

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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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