The Employer Handbook

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Image by Wokandapix from Pixabay

I don’t know much about workers’ compensation.

Apart from a few standard provisions that I have in my employment settlement agreements, I know just enough about it to call a workers’ comp lawyer when I have an issue.

Or, like today, I know just enough that a workers’ comp decision involving a man who died during sex with a French local while on a business trip (RIP) is something that my readers want to read.

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You know that dream?

The one where the U.S. Department of Labor shows up on a Sunday to conduct a surprise wage-and-hour audit of your workplace, all the company payroll records have gone missing, and you’re in your underwear.

No? Oh, me neither. Continue reading

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Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

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Image Credit: Photofunia.com (https://photofunia.com/results/5d750cee089f7a9b358b4594)

Last week, I blogged about a situation in which two employees alleged that their former employer retaliated against them for participating in a workplace investigation. Each claimed that the close timing between the investigation and their subsequent firing confirmed that there must have been some retaliatory animus.

They were wrong.

What I have for you today is another similar situation. This time, we have an employee who complained about a supervisor’s sexual harassment. The company investigated. Then, it fired the supervisor and promoted the victim to supervisor. And then promoted her again. But, later, the company fired the victim. Continue reading

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Image by kdbcms from Pixabay

Yesterday, the National Labor Relations Board announced here that it wants your input — actually your lawyers will have to submit a brief — “on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature.” Continue reading

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You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
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“Doing What’s Right – Not Just What’s Legal”