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Employment Law Quiz: Bizarro Edition

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.* *You Can’t Make This Stuff Up. (I...more

For “Labor Day” (Get It?): Three pregnancy Cases From The EEOC

The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more

Too Cute To Work?

In New York, if you’re fired for being too cute, your boss may be guilty of gender discrimination. In a case where it sounds like we are hearing only half of the story, a yoga and massage therapist claimed that her...more

Before You Fire That Political Extremist . . .

If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more

Q And A On The Recent Controversy

On the recent uproar involving a major, major employer and its recently-terminated employee: No. 1. Is it a good idea to provide an “open forum” to employees if there are certain topics that are off limits? No. If you want...more

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of...more

Employer Beware: When “Good” Isn’t Good Enough (Disability Bias)

Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases...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

When A Customer Harasses Your Employee – What Should You Do?

As an employer, what do you do when one of your employees reports being sexually harassed by a vendor? Easy, right? You call the vendor’s boss and say, “If you want to continue doing business with us, then you will not...more

Be Thankful You’re Not An Employment Law Turkey

Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid...more

Yes, Employers May Have To Accommodate Even “Crazy” Religious Beliefs.

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more

Seems Like This Should Be An Excused Absence.

Geoffrey Tolliver, a Medicaid eligibility specialist for the City, went out on a medical leave of absence for cancer in November 2013, and he passed away in December 2014. The City recently moved to terminate his employment...more

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy...more

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more

3 Employer Bummers: Veganism A "Religion," ADA Interactive Process Fails, And Costly Severance Mistake

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes...more

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

Employers, don't let that "protected" employee hold you hostage.

Remember that Supreme Court decision involving alleged retaliation based on an oral complaint of violation of the Fair Labor Standards Act? The plaintiff in the case is now going to get a jury trial....more

12/10/2012  /  FLSA , Retaliation , Termination
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