Let’s assume that you operate a business in New Jersey. And you get to thinking:
“What if we put a provision in our employment application, by which a job applicant waives the two-year statute of limitations applicable to most workplace claims and shortens the period for such claims to six months?”
Would that be enforceable?
Many cities in the Mid-Atlantic region (Philadelphia, Newark) have passed legislation that makes it illegal for employers to inquire about criminal history early on in the job application / interview process. The State of Delaware too has passed this so-called “ban the box” rule.
Last week, a New Jersey Senate Committee recommended passage of ban-the-box legislation in the Garden State.
Under the proposed NJ law, an employer may not inquire (orally or in writing) regarding an applicant’s criminal record during the initial employment application process. Although after the initial application process has concluded, then this information would be fair game.
In every one of the United States, except Montana, employment is at-will. This means that, absent a contract of employment for a specific period of time, you may fire an employee for any reason or no reason at all.
(Not to be confused with “right to work” — more on that here)
Well, I suppose that there are some exceptions. Like, you can’t discriminate. And many laws make it illegal to retaliate as well.
Why, just last week, I was saying that the Facebook stupidity scale had shifted away from teachers in favor of bar/tavern staff.
For future reference, you can never go wrong with Vining the one-year-old slugger.
I used to say that teachers were the most irresponsible Facebook user group. Now, I’m leaning towards the bar and nightclub industry.
Last month, a worker at a downtown Philadelphia bar displayed a Heineken chalkboard with the message “I like my beer like I like my violence… domestic.” to attract customers.
But, instead of achieving its desired effect, a passerby tweeted the photo to a local news station and a major cluster of a poopstorm ensued, which culminated in the worker losing his job.
Here are some Tennessee fun facts:
- The city of Kingston served as Tennessee’s state capital for one day (September 21, 1807)
- There are more horses per capita in Shelby County than any other county in the United States.
This according to this survey released yesterday from CareerBuilder.com.
Working dads who were the sole breadwinners in their household were four times as likely to earn six figures, while working moms who are the sole breadwinners were nearly twice as likely to earn less than $35,000.
However, money may not be everything. That is, 78% of working moms reported they are happy in their current roles at work, with about 2/3rds of working moms having enjoyed the full amount of maternity leave available to them following childbirth.
Let this be a lesson to those who are thinking about selling “Wake The F*&k Up” Coffee, “The Hottest F*&king Nuts,” or “The Hottest F*&king Sauce.”
Recently, I read this article from Clark Kauffman in the Des Moines Register about a cashier at the Last Chance Market in Iowa, who was allegedly fired after she and a customer began discussing various sexual activities in front of other customers. These customers then complained to management about the sexual banter, hence the pink slip.
Not that the employer need a reason to fire the crude cashier. Presumably, she was an at-will employee. But, the stakes are raised when an employee files for unemployment compensation benefits. That is, generally speaking, a terminated employee will receive u/c, unless the termination is for some sort of willful misconduct.
A teacher getting in trouble for something having to do with Facebook?
You don’t say…
The full story, plus another state has passed a social media workplace privacy law. I’ve got it all for you after the jump…
Whatcha doin’ two weeks from today?
Want to grab some breakfast with me? Maybe hear about what’s hot at the EEOC and get a legal roadmap for managing the aging workforce?
In you’re in the Philadelphia area and would like to learn more about these topics, then come on down to our offices on Thursday, April 24 at 8:30 AM for a free presentation with a complimentary continental breakfast. Lawyers can get CLE. HR credits will also be offered.
The Employer Handbook Blog