The Employer Handbook Blog

What’s up, Doc? Fired for posting patient pics on Facebook

May 4, 2011 | by Eric B. Meyer

Earlier this week, I wrote about a nurse who was fired and denied unemployment compensation benefits because, instead of medicating a patient, she was busy posting Facebook updates about a colleague who had soiled herself.

Oy!

But that’s nothing compared to the New England emergency room doctor who was fired for posting pictures of a patient on her Facebook page.

When will people every learn? More about the Facebooking doc and some tips for employers to avoid messes like these after the jump…

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Can DE employees access their personnel files upon request?

May 3, 2011 | by Eric B. Meyer

In keeping with The Employer Handbook tradition (and so as not to reverse any good black and gold mojo), once again, I will follow a Bruins OT playoff win…

(cue the music…)

…with a look at an employee’s right to review his/her personnel file. Last week, we explored whether Pennsylvania businesses must cede to an employee request to review his/her personnel file.

After the jump, same question, different state: Delaware.

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No unemployment benefits for woman fired for Facebooking at work

May 2, 2011 | by Eric B. Meyer

If you read this blog (or just about any other labor and employment law blog), you know that social media policies have fallen under recent heightened scrutiny because of the chilling effect they could have on employees discussing terms and conditions of employment (e.g., wages, hours, etc.) with each other online. Where there is no controversy, however, is that companies may discipline employees who shirk their job responsibilities and goof of online — especially while on the clock.

After the jump, it’s a decision from the Commonwealth Court of Pennsylvania denying unemployment compensation benefits to a nurse who was fired for using Facebook at work while she should have been medicating patients.

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3 common-sense social-media tips to share with your employees

April 29, 2011 | by Eric B. Meyer

Whether you have a social media policy, been thinking about drafting one, or haven’t even considered it for your business (tisk, tisk), I have three great guidelines after the jump that you should consider for your employees. You’ll be glad you did.

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Can PA employees access their personnel files upon request?

April 28, 2011 | by Eric B. Meyer

Hey all! As I promised last night on Twitter, I’ve got nothing left in the tank for this blog post after watching my beloved Bruins defeat the hated Habs in overtime of Game 7 last night.

So, I’ll keep this short and sweet.

After the jump, I answer a question that many HR folks in Pennsylvania have asked me? Do we have to give employees access to their personnel files upon request?

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Yikes! NJ discrimination victims may tack on a whistleblower claim

April 27, 2011 | by Eric B. Meyer

Consider this scenario:

Employee believes he is being discriminated against. Employee complains to Human Resources. HR investigates, but is unable to substantiate the employee’s claims. Employee nonetheless sues his employer, alleging discrimination. While the lawsuit is pending, the employer fires the employee for reasons it claims are unrelated to the pending action.

According to a recent unpublished NJ decision, the employee could have both a discrimination claim and a whistleblower claim under New Jersey’s Conscientious Employee Protection Act (CEPA).

Ain’t that some sh!t!

More on this important decision and the impact it may have on employers, after the jump…

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No more “unemployed need not apply” ads in New Jersey

April 26, 2011 | by Eric B. Meyer

In just over a month, a new law in NJ forbidding business from discriminating against unemployed job candidates will take effect.

More about this new law and the effect it will have on NJ employers, after the jump…

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Woman fired for fighting at a cheese plant wins bias claim

April 25, 2011 | by Eric B. Meyer

I can’t make this stuff up if I tried.

The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown prevailed on her gender discrimination claim because she apparently received harsher discipline than male employees who had engaged in more egregious behavior:

The commission agreed with Rosalind Brown who claims it was unfair for her to be fired when two men who fought at the Dairy Farmers of America Inc. plant in West Middlesex received only 3-day suspensions. 1 of the men was injured when the other threw a 20-pound block of cheese.

Calling all guest bloggers…

April 22, 2011 | by Eric B. Meyer

The Employer Handbook is looking for a few quaaludes guest bloggers.

If you think you have the chops to write a few hundred words on an employment-related topic of interest for businesses — especially those in PA, NJ, or DE — then

New bill would greatly expand the scope and reach of the FMLA

April 21, 2011 | by Eric B. Meyer

Rep. Carolyn Maloney [D-NY14] recently introduced H.R. 1440: Family and Medical Leave Enhancement Act of 2011 (FMLEA) in the House of Representatives.

What is this new bill? And what will it mean for new employers if it passes? (Hint: It may have something to do with the picture on the left)

All the details, after the jump.

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