Third Circuit Employment Law 101

Get your damn story straight if you’re going to fire someone who just returned from medical leave.

September 10, 2019 | by Eric B. Meyer

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

How many of you would risk the retaliation claim here? (I would)

September 4, 2019 | by Eric B. Meyer

Image by Clker-Free-Vector-Images from Pixabay

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

When do (or don’t) Facebook posts create a hostile work environment?

August 9, 2019 | by Eric B. Meyer

By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link

I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’

You can’t fire an employee while on FMLA leave. Except when you can.

May 28, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com

Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

Discrimination 101

March 27, 2019 | by Eric B. Meyer

Ischa1, Helder [Public domain], via Wikimedia Commons

A few days ago, I blogged about How does one of your employees actually prove discrimination in court?

And I suppose that was a bit of a misnomer because there’s more to it. So, let’s talk about that today.

Hey Eric! Can I spy on my former employee’s Facebook messenger account?

March 7, 2019 | by Eric B. Meyer

facebook-glasses-privacy-267372-1024x768

Image Credit: Pexels.com (https://www.pexels.com/photo/facebook-glasses-privacy-privacy-policy-267372/)

Asking for a friend, of course. Continue reading

The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

November 30, 2018 | by Eric B. Meyer

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))

On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.

This is not most days.

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

July 13, 2018 | by Eric B. Meyer

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons

Yesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here).

If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading

It’s the most important employment law decision of 2018

July 12, 2018 | by Eric B. Meyer

By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons

Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading

I love the smell of Sour Patch Kids and the False Claims Act

January 4, 2018 | by Eric B. Meyer

You know, I don’t think we’ve ever discussed the False Claims Act here at The Employer Handbook.

I don’t think we’ve discussed crowded clown cars either. And, while clowns may pique more interest, alas, this is an employment-law blog. So, I suppose we’ll enjoy our first taste of FCA together.

Kinda tastes like Sour Patch Kids. Continue reading