Articles Posted in Hiring & Firing

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company?

So glad you asked. Although, I’m not sure I like your tone.

*** takes pills ***

Many years ago, Allstate Insurance restructured its business, where it decided to longer have employees; only independent contractors. So, it offered its employees a bunch of options. One option was a severance; another was the ability to convert to independent contractor status. Either way, the individual had to release all past and presented employment-related claims agains the company.

When the EEOC got wind of the conversion option, they cried retaliation.

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Or, as a glass-half-full kinda guy, maybe it was a good idea for an Ohio school bus driver to take a selfie on the bus holding an unopened beer bottle to her lips  and post it to Facebook. She lost her job, but, I get a blog post with great SEO potential (beer, Facebook, selfie, Kim Kardashian, hot xxx action) and a new slide for my Social Media in the Workplace ppt.

David Moye at Huffington Post has more on the bus driver oopsie here.

And, while we’re on the subject of smh social media, Continue reading

I am a true Twitter OG. Why, I remember back in the day — it was 2009 — when Connor Riley, a/k/a ‘Cisco Fatty’ a/k/a @theconnor tweeted: “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”

Unfortunately for Ms. Riley, one of Cisco’s channel partner advocates read the tweet and tweeted back, “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.”

Well, it seems we found ourselves a modern day Cisco Fatty…

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Remember that blog post I had from July of last year, the one you contemplated getting tattooed on your back.

Yeah, you know the one. This one, silly. About the Fundamentalist Christian, who, upon filling out his new-employee paperwork, refused to provide a social security number because it would cause him to have the “Mark of the Beast.” So, he sought a religious accommodation, which the company refused to provide because obtaining a social security number is a federal requirement.

Welp, the employee appealed the decision to a federal appellate court?

How you think that turned out? Find out after the jump…

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Last night, Mikhail Gorbachev and Ronald Reagan came to me in a dream.

You see, we were at a video arcade, the two of them playing the classic, Street Fighter. I had next. Mr. Gorbachev was playing as Zangief and President Reagan was Guile. Because, of course.

So, just as the Premier was about to close it out, the President dropped the controls, put Mr. Gorbachev in a headlock and gave him a noogie. I’m talking right on that spot! I mean, the more he noogied, well, the spot started to change colors. From red to silver to pure gold. At which point, Mr. Gorbachev turned to me and said,

“Meyer, start a series on your blog called What Would HR Do. Perestroika!”

Alrighty then. So, it begins. WWHRD coming up after the jump…

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Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview.

For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not.

Still, Pennsylvania does have the Criminal History Record Information Act. But, indeed, a Pennsylvania federal court ruled on Wednesday that the Act and ban the box are two separate things:

CHRIA does not preclude an employer from revoking a conditional offer of employment based on a good faith belief than an applicant intentionally withheld material information on his employment application in violation of the employer’s policies.

Just be sure that, if you are asking about criminal history on a job application, you don’t operate in a ban-the-box town or city. And, even if you don’t, remember that under the Act precludes employers from basing employment decisions on misdemeanors and summary convictions that do not render an applicant unsuitable for employment. And basing an employment decision on a mere arrest…fuggedaboudit. Like my arrest for male prostitution doesn’t make me unfit to be a lawyer.

(If only my blogging platform had a double strikethrough).