Managing High Performers: Top Gun Maverick – Hiring to Firing Podcast
Making Sandwiches and Managing Employees: Hulu’s The Bear - Hiring to Firing Podcast
Addressing Bias in Performance Reviews [More with McGlinchey, Ep. 31]
As 2020 Winds Down, Keep Your Guard Up!
Governance Series: A Good Hospice Board in Action - What it Looks Like
PODCAST: Challenging Negative CPARS Reports – Protecting Contractor Reputation Through CPARS Challenges
Employment Law Now I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs and Chimps
Day 13 of One Month to Better Compliance Thru HR
You are about to enter another dimension. A journey into the world of discrimination and retaliation. Consider, if you will, the case of an employee who suspects that he or she is about to be fired or demoted for misconduct...more
When I was in high school, the foreign language offerings were French and Spanish. That was a long, long time ago, in a galaxy far, far away. Today, the best I can do in Spanish is ask your name, what time it is, and how to...more
Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more
Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue:...more
In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to...more
S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more
An employer with documented evidence of performance issues before an employee took leave under the Family and Medical Leave Act (FMLA) did not run afoul of the statute when it terminated the employee upon her return, the...more
Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed...more
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace. They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more
Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...more
Last weekend’s Ryder Cup notwithstanding, Tiger Woods has made an impressive comeback by winning the PGA Tour Championship in September. The win was Tiger’s 80th victory on the PGA tour but his first since 2013 after a long...more
In May each year, broadcast TV, cable, and streaming services begin announcing series renewals and cancellations. This process continues well into the summer....more
In order to prove disparate treatment discrimination under federal employment laws, plaintiffs must demonstrate that the decision-maker in an adverse action was at least partially motivated by discriminatory intent. Federal...more
A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the...more
As an HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors...more
In Sieden v. Chipotle Mexican Grill, Inc., No. 16-1065 (January 26, 2017), the Eighth Circuit Court of Appeals reiterated its view that an employee fails to establish pretext for an employer’s adverse employment action where...more
On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more
Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other...more
If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more
Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental...more