Hiring & Firing

Following homophobic slur, NHL player quits Twitter

July 9, 2013 | by Eric B. Meyer

As many of you know, I am a HUGE Boston Bruins fan. But, right now, I have little love for former Bruins winger Tyler Seguin.

You see, Seguin was a highly touted 2011 draft pick who did a disappearing act in the playoffs this year. Amidst reports that his off-ice behavior was interfering with his on-ice performance, the Bruins traded the 21-year-old Seguin to the Dallas Stars on July 4.

The media scrutiny caused Seguin’s mom to come to his defense. (I’m sure that won’t ignite the crowds at all during road games). But just as that story began to lose steam, Seguin’s Twitter account published this tweet:

The six social media faux pas that may cost you that big job

July 8, 2013 | by Eric B. Meyer

According to this recent survey from CareerBuilder.com, the number of hiring managers who are reporting that a job candidate’s social media indiscretions have cost them a position is up nearly 10%, while the overall use social media to vet candidates continues to grow.

Those surveyed, reported finding a variety of concerning content. Top mentions ranged from evidence of inappropriate behavior to information that contradicted their listed qualifications:

50% – Candidate posted provocative/inappropriate photos/info

Supreme Court delivers two — count ’em TWO — wins for employers

June 25, 2013 | by Eric B. Meyer

This week, I am on vacation. The Supreme Court didn’t get my memo. Fine. But, I’m not putting down my beer to write this post. So, you get a one-handed rundown of the two employment-law decisions the court issued yesterday.

Pardon my typos after the jump…

* * *

Yo 11: Nevada now has a social media workplace privacy law too

June 21, 2013 | by Eric B. Meyer

Who would’ve guessed that, in June 2013, we’d have 11 states with social media privacy laws. I mean what are the odds? That’d be like Kanye West and Kim Kardashian deciding to name their baby daughter ‘North West’.

Now, if you’ll excuse me, I need to check why my Twitter is blowing up.

Oh, good God!

Does firing a law firm associate for discussing wages violate federal labor law?

June 11, 2013 | by Eric B. Meyer

There’s not a whole lot that we have in common. I’m more erudite (you know, the blog thing), better looking, and more ~~arrogant~~ confident.

Given our differences, what I’m about to say may come as a surprise: when I was a associate attorney, I discussed salaries with other associates.

(I’ll pause as the shock dissipates).

Firing a woman for lactating at work is against the law

June 4, 2013 | by Eric B. Meyer

Allow me to be serious for a moment…

Moment’s passed, eh? Ok. Let me bring it back…

Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the Civil Rights Act of 1964 (Title VII).

Employee alleges he got the “Office Space,” claims age discrimination

May 31, 2013 | by Eric B. Meyer

If the movie “Office Space” has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports.

And never mess with a man’s stapler. That too. Especially when you’re also moving the man’s desk four times and sending him to the basement. Because that could be age discrimination.

No, seriously. I was reading this decision from the United States District Court for the Eastern District of Pennsylvania. It involves claim of age discrimination where, the over-40 plaintiff claimed that he was “functionally replaced” by an employee who was substantially younger than him.

Oregon has a new workplace social media law. Is a federal law next?

May 29, 2013 | by Eric B. Meyer

Last week, before the Memorial Day weekend, Oregon Governor John Kitzhaber signed into law this bill, which prohibits employers from requiring or requesting that employees or applicants for employment:

Provide access to personal social media accounts,

Add employers to social media contact lists, or

Employee posts “FIRE ME…Make my day…” on Facebook. And guess what?

May 28, 2013 | by Eric B. Meyer

Yep.

And not even the Associate General Counsel at the National Labor Relations Board could save this employee.

In Tasker Healthcare Group, d/b/a Skinsmart Dermatology, the Charging Party — and nine other people (of whom seven were current employees) participated in a private group message on Facebook. During that sesh, the Charging Party started mouthing off about his employer, saying, “They [the Employer] are full of shit … They seem to be staying away from me, you know I don’t bite my [tongue] anymore, FUCK…FIRE ME….Make my day…”

Colorado now has a social media workplace privacy law too

May 16, 2013 | by Eric B. Meyer

Over the weekend, Colorado Governor John Hickenlooper signed a bill making Colorado the eighth state to have a social media workplace privacy law. (The others are MD, IL, CA, MI, UT, NM, and AR). You can view a copy of the new CO law here.

The new law places three restrictions on employers with respect to access of employee and applicant social media accounts:

No requests for social media user names and passwords;