Hiring & Firing

Does a company invade an employee’s privacy by accessing personal texts on a work-issued iPad?

March 24, 2015 | by Eric B. Meyer

This “invasion of privacy” question is the lynchpin of a new lawsuit from two former employees of one of the largest beer companies in the world. The complaint (available here), which began in state court, has been removed to federal court in New Jersey.

David Gialanella, reporting for the New Jersey Law Journal (full article here), summarizes the facts of the case:

A year ago, five company employees, including Nascimento and Yule, exchanged a series of text messages, apparently disparaging fellow employee Alex Davis. The messages were transmitted using their personal mobile phones, and on their own time, but Nascimento’s personal phone was linked to his company iPad through the iMessaging application, causing the messages to be stored on the iPad, according to the complaint.

Afterward, Nascimento was issued a new iPad, while the old one—with his text messages and credit card information still stored on it—was loaned to Davis. Davis discovered the text messages and complained, after which Nascimento, Yule and the others were questioned by investigators hired by Anheuser-Busch, according to the complaint.

Nascimento, Yule and a third employee involved in the messaging were terminated last September for “‘violation of corporate policy regarding use of company equipment,’” while a fourth was reprimanded, according to the complaint.

Consider requiring your new independent contractors to release employment claims

February 17, 2015 | by Eric B. Meyer

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company?

So glad you asked. Although, I’m not sure I like your tone.

*** takes pills ***

Many years ago, Allstate Insurance restructured its business, where it decided to longer have employees; only independent contractors. So, it offered its employees a bunch of options. One option was a severance; another was the ability to convert to independent contractor status. Either way, the individual had to release all past and presented employment-related claims agains the company.

When the EEOC got wind of the conversion option, they cried retaliation.

The school bus driver’s beer-drinking selfie on Facebook was a bad idea

February 16, 2015 | by Eric B. Meyer

Or, as a glass-half-full kinda guy, maybe it was a good idea for an Ohio school bus driver to take a selfie on the bus holding an unopened beer bottle to her lips and post it to Facebook. She lost her job, but, I get a blog post with great SEO potential (beer, Facebook, selfie, ~~Kim Kardashian, hot xxx action~~) and a new slide for my Social Media in the Workplace ppt.

David Moye at Huffington Post has more on the bus driver oopsie here.

And, while we’re on the subject of smh social media, Continue reading

Teen tweets complaint about new job, gets fired on Twitter before starting said job.

February 11, 2015 | by Eric B. Meyer

I am a true Twitter OG. Why, I remember back in the day — it was 2009 — when Connor Riley, a/k/a ‘Cisco Fatty’ a/k/a @theconnor tweeted: “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”

Unfortunately for Ms. Riley, one of Cisco’s channel partner advocates read the tweet and tweeted back, “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.”

Well, it seems we found ourselves a modern day Cisco Fatty…

20 job interview pro tips revealed!

February 5, 2015 | by Eric B. Meyer

Or not.

So, enjoy these “tips,” but, try them at your own risk.

(H/T Suzanne “Evil HR Lady” Lucas)

No, really. Demanding an employee’s social security number isn’t religious discrimination

January 29, 2015 | by Eric B. Meyer

Remember that blog post I had from July of last year, the one you contemplated getting tattooed on your back.

Yeah, you know the one. This one, silly. About the Fundamentalist Christian, who, upon filling out his new-employee paperwork, refused to provide a social security number because it would cause him to have the “Mark of the Beast.” So, he sought a religious accommodation, which the company refused to provide because obtaining a social security number is a federal requirement.

Welp, the employee appealed the decision to a federal appellate court?

How you think that turned out? Find out after the jump…

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A hospital may have broken the law by NOT hiring a convicted meth dealer.

January 22, 2015 | by Eric B. Meyer

I see your wild sexual harassment lawsuit and, after the jump, raise you this doozie…

Better call, Saul! Even Walter White and Jesse Pinkman were like, WTH?!?

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#WWHRD: You just discovered your employee’s angry racist Ferguson tweet

November 17, 2014 | by Eric B. Meyer

Last night, Mikhail Gorbachev and Ronald Reagan came to me in a dream.

You see, we were at a video arcade, the two of them playing the classic, Street Fighter. I had next. Mr. Gorbachev was playing as Zangief and President Reagan was Guile. Because, of course.

So, just as the Premier was about to close it out, the President dropped the controls, put Mr. Gorbachev in a headlock and gave him a noogie. I’m talking right on that spot! I mean, the more he noogied, well, the spot started to change colors. From red to silver to pure gold. At which point, Mr. Gorbachev turned to me and said,

“Meyer, start a series on your blog called What Would HR Do. Perestroika!”

Alrighty then. So, it begins. WWHRD coming up after the jump…

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Social media blunders cost a chef and a chief their jobs

October 27, 2014 | by Eric B. Meyer

After the jump, more proof that both entry-level employees and C-Suite executives can do dumb stuff and receive the Vince McMahon treatment…

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Read this before you revoke a job offer in Pennsylvania based on criminal history

October 10, 2014 | by Eric B. Meyer

Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview.

For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not.

Still, Pennsylvania does have the Criminal History Record Information Act. But, indeed, a Pennsylvania federal court ruled on Wednesday that the Act and ban the box are two separate things: