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Can You Fire An Employee For Off-Duty Misconduct? You Betcha!

Every now and then, I am told that it’s unfair for employers to take action against employees misbehave off duty. “No it isn’t,” I reply. Although I wouldn’t recommend firing everybody who gets in trouble away from work...more

Don’t “Ask Amy”!*

*For employment law advice. Amy Dickson of the syndicated advice column “Ask Amy” is someone I read daily and agree with maybe 50 percent of the time. On most of the matters on which we disagree, she is probably right...more

“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of lastScreen Shot 2017-03-23 at 6.09.47 PM year’s corn...more

Queen For A Day: If I Ran The World, Would I Scrap Our Employment Laws?

For those of you who don’t know Mr. Olson, he’s a libertarian. :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections for...more

That Smarts! Porn “Sting” Operation Gets Employer “Stung” For Retaliation

This should have been an open-and-shut case. For the employer, that is, not the employee. Lufkin Industries, Inc., had an employee, William Fisher, who was a 55-year-old African-American. One day, Mr. Fisher got into a...more

Employers, Here’s Why Good Documentation Is Da Bomb.

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later. I know that most of you already know what I’m about to...more

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

Appearance code quiz for employers!

How much can you do – and not do – about your employees’ personal appearance and grooming? Take this quiz and find out! As usual, I’ll have the answers at the end, so if you get one wrong, no one but you will know....more

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

About that new “cat’s paw” decision . . .

Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in...more

Shoddy Harassment Investigation Comes Back To Bite Employer

Employers, has this ever happened to you? An employee has accused her boss of sexual harassment. Right now, it’s her word against his, but you might be able to find out the truth if you interview her co-workers. The...more

Hallelujah! 5 Things About Religion In The Workplace That You May Not Have Known

Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more

NC “bathroom bill” – the latest developments

It’s been a while since I’ve written about H.B. 2, the North Carolina “bathroom bill,” and I need to get with it. Wrongful discharge claim based on discrimination is back. As we expected, on July 18, Gov. Pat McCrory...more

“EEO” Wrongful Discharge May Soon Return To North Carolina

I don’t plan to post much more about North Carolina’s HB 2 “bathroom bill” until we start getting court decisions, but this is newsworthy. As I’ve previously noted, HB 2 had a provision that eliminated the cause of...more

25 Quick Takes (No Kidding!) On The EEOC’s Proposed National Origin Guidance

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more

Lego-Based Workplace Harassment Will NOT Be Tolerated.

You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating...more

More On HB 2 And Wrongful Discharge: My Response To Charlotte Magazine

For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more

Ignore The Hype: Here’s What Employers Need To Know About North Carolina’s HB 2

Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more

Is Obesity A “Per Se” Disability? One Court Says No.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

N.C. “Bathroom Bill” Has A Bomb For Wrongful Discharge Plaintiffs

Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more

Female lawyers, Republican Bosses, and Kitchens: The Sequel

I have to admit, I was afraid that I might need to go into hiding after I expressed doubts last week about that study claiming that female lawyers don’t do well when their bosses are male Republicans. But the reader feedback...more

How Would You Rate Yelp As An Employer?

How many stars would you give Yelp as an employer? Read on! I’m sure you’ve all heard by now about Talia Ben-Ora, the Yelp employee who was trying to live in the San Francisco area working as a minimum-wage customer...more

2/25/2016  /  Hiring & Firing , Yelp

BREAKING: Transgender Claim Will Go To Jury

Last year, Tommy Eden had a post about a gender identity lawsuit in which an employer in Georgia actually won summary judgment. A reader alerted me last night that a panel of the U.S. Court of Appeals for the Eleventh Circuit...more

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

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