Thomas Pence

Thomas Pence

Foley & Lardner LLP

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Latest Publications


Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

6/24/2015 - Anti-Harassment Policies Back Pay Discipline Employer Liability Issues Hiring & Firing Just Cause NLRA NLRB Protected Activity Race Discrimination Reinstatement Title VII Unfair Labor Practices Union Representatives Unions Wrongful Termination

Take Care to Avoid Reverse Discrimination Claims

Most discrimination cases involve claims that an employer discriminated against a minority employee on account of race, against a foreign employee based on national origin, or against a woman on account of gender. A recent...more


Assessing Credibility While Conducting Harassment Investigations

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and...more

1/28/2014 - Evidence Harassment Human Resources Professionals Internal Investigations

Considerations When Changing Enforcement of Personnel Practices

You catch a not-so-good employee sleeping on the job, and you want to fire him. You call your attorney, and the attorney asks how you have handled similar situations in the past. You tell the attorney it has been a mixed bag,...more

6/12/2013 - Arbitration Employment Contract Employment Policies Hiring & Firing Termination Unions

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