One of your supervisors has just been accused of sexual harassment. Rather than spend the money to litigate the case, your company decides to settle. Let’s go through the standard provisions:

  • Settlement payment
  • General release
  • Non-admission
  • Mutual non-disparagement
  • Mutual confidentiality

Ah, not so fast on that last one if your business is in the Commonwealth of Pennsylvania. Continue reading

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The good news is that I get to play an 80’s rock ballad (youtube, Spotify) as I share with you the bad news that, by the time you read this post, you’re most likely SOL for signing up for “The Employment Law Year in Review,” a free webinar on Thu, Dec 7, 2017 12:00 PM – 1:00 PM EST.

That’s right, my dudes!

I started advertising the webinar on Monday and, just like that, buh-bye to 1000 attendee slots. I can’t imagine what the secondary market for tickets to next month’s big event must look like right now. Wonder. Wonder. Continue reading

Soy Latina. Yo voté. 🙋♥️ #vote #election #america #latino #latinosfortrump #trumpBack in 2016, Kathleen M. Jungclaus was the full-time Vice President of Human Resources for a Pennsylvania continuing care retirement community. She had worked for the company since 2007.

On July 24, 2016, Ms. Junclaus went on her personal Twitter page and tweeted: “@realDonaldTrump I am the VP of HR in a comp outside of philly [sic] an informal survey of our employees shows 100% AA employees voting Trump!”

A little over two months later, Ms. Junclaus found herself unemployed and applying for benefits. Continue reading

LEGO MARVEL AVENGERSI had one date circled — one date between now and the end of the year.

Later this week, on November 17, Netflix releases Marvel’s The Punisher. If you’ve dorked out gotten culture with any of The Defenders series, then, like me, you’ve been chomping at the bit for this release. But, if you need some enticement, check out the official trailer for Marvel’s The Punisher. It opens with Frank Castle as an early contender for Father Of the Year, teaching his kid Metallica on an acoustic guitar. Seconds later, Castle’s entire family is dead and he’s talking about infiltrating a covert CIA operation. And, at the 1:22 mark of the trailer, we have this exchange between Frank Castle and a sidekick:

Sidekick: You and me, we want the same thing. So, work with me.

Frank Castle: On one condition. I’m gonna kill ’em all.

Sidekick: Yeah, I can live with that.

Dammit, Netflix! Stop twisting my arm! Cause, it hurts so good.

***blows smoke and starts chewing bubble gum cigarette***

Now, if you’re going to circle one other date on the calendar, may I suggest December 7? Yep, I’ve buried the lede long enough. Continue reading

plant-paprika-pepper-grow-82728We’re still got about a month and a half to go, and the list of notable sexual harassers (allegedly) is growing faster than my youngest can eat her peas.

Often, when we hire high-level executives, we resort to employment agreements. And in those employment agreements, we include provisions requiring the new hire to affirm that working for the new company will not cause that person to violate any restrictive covenants or other pre-existing agreements.

So, I have a question for you. Continue reading

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When a company has an employee who is approved for leave under the Family and Medical Leave Act, sometimes that employer get nervous about parsing FMLA-qualifying absences from other sick days that have nothing whatsoever to do with the employee’s underlying serious health condition. The end result is an employee who gets not only FMLA leave but extra leave that exceeds his or her bank of time off.

Those employers, well, they’re shook!

Let’s see how one employer handled it the right way.
Continue reading

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Juli Briskman was out riding her bicycle when she was passed on the road by Donald Trump’s motorcade. So, she showed ’em the middle finger.

And, it was at that precise moment that a White House photographer traveling with the president as he left one of his golf courses happened to catch the one-finger salute on film. Ms. Briskman a viral star on social media.

Who knew that she would lose her job for it so quickly? Continue reading