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The Employer Handbook BlogIs it ok to terminate an employee, but then let them complete their FMLA leave?
Tell me what you think of this. Continue reading
Don’t have an FMLA call-in procedure so complex that not even HR can figure it out.
Under the Family and Medical Leave Act, employers may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.
But unless you fancy defending FMLA interference claims, the call-in procedures shouldn’t require an advanced degree. Continue reading
Now, here’s how you REALLY compare two employees in a discrimination lawsuit
During Thanksgiving week, I blogged about a Seventh Circuit decision and what makes a plaintiff alleging discrimination “similarly situated” to another employee outside of the plaintiff’s protected class whom the employer allegedly treated more favorably.
The Seventh Circuit concluded that a white man who was fired for effectively stealing from his employer was comparable to a black man with attendance issues. I told folks outside the Seventh Circuit to disregard this decision because I thought they got it wrong. But I never gave you any examples of cases upon which to rely instead. Well, let’s fix that today. Continue reading
Take Note: Here’s how strong DOCUMENTATION torpedoes discrimination claims.
Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.”
Let’s test that theory today. Continue reading
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial.
But plot twist! He didn’t. Continue reading
Five fantastic resources to help your business address antisemitism in the workplace
I read a survey last night that blew my mind 🤯 Continue reading
Join us on 12/9/22 at Noon ET for The Employer Handbook Zoom Happy Hour: “In-House Counsel’s Workplace Dreams and Nightmares”
This may come as a surprise to some of you, but the in-house company lawyers don’t always see eye-to-eye with the HR professionals, supervisors, and employees whom they counsel.
And vice versa. Continue reading
Let’s rank the top Thanksgiving foods for 2022
Before you put away your robes and gavels, I need to judge one more thing: the annual Thanksgiving foods competition.
Continue reading
82% of you wannabe judges disagreed with the Seventh Circuit Court of Appeals
In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Continue reading
Are these two employees comparable? Today, you be the judge to help decide this discrimination case.
A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. Continue reading