Articles Posted in Hiring & Firing

Help Wanted?

On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.

As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.

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Telephone in bathroom

Well, at least it was a phone interview.

Hey, one thing you guys know about me is that I’m all about the low hanging fruit and the cheap laugh. So, when I see that CareerBuilder has published it’s 2016 version of “Employers Share Strangest Interview Mishaps and Biggest Body Language Mistakes,” I’m bout it, bout it.

(Sorry, FMLA compliance nerds, you’ll have to wait for another post).

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Medical-marijuana-sign.jpg

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.

I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.

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Religious syms.svg

Yesterday, I had one of those moments. You know the ones.

For me, it was when a client asked me when I was going to blog about the Muslim workers in Colorado who were denied prayer breaks and, then, allegedly fired for protesting.

So, I did what any self respecting employment-lawyer-blogger would do: I Googled “Muslim Prayer Employee Protest Colorado Fired,” and I promised a client-inspired Wednesday post.

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facebook icon

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the 700 level of old Veteran’s Stadium blush. But, it would have earned a young Meyer some soap in the mouth.

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checked_cross

Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors.

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