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I love the last week of the year. Most people take vacation. Not me. When work is slow, I like to be in the office. It’s when the office gets crazy that I take my vacation, because I know there is always someone else around to shoulder the burden. I’m a team player like that.

But regardless of whether you’re like me and you worked during the final week of 2010, or you took the week off, we can all agree that this week — when everyone comes back to work — is the worst of the year.

Lots of people are in bad moods this week. And what is one thing you never want to do when you are in a bad mood? Draft a work email or letter to someone who may be responsible for putting you in that bad mood. You see, I’m a firm believer in the “24-hour rule” when sending strongly-worded correspondence. That is, I draft the communication, file it away, and re-read it 24 hours later to determine whether I should really be sending it. Nearly every time, I trash it.

A big part of my job as a labor and employment attorney is providing anti-harassment training to employees and supervisors. First, I help them identify what constitutes unlawful harassment in the workplace. Then I walk them through how to report and address it. Here, I emphasize that retaliation against a victim or a witness is never acceptable and is grounds for immediate termination. But, I also remind everyone that an employee who complains about unlawful harassment doesn’t receive a get-out-of-jail-free card. That is, if the “victim” violates company policy — e.g., by participating in behavior that also violates the anti-harassment policy — then discipline will follow. That’s not “retaliation.” Call it a rude awakening.

Just ask the Eighth Circuit. I’ll explain after the jump.
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In June 2008, I read a one-page article about Twitter in BusinessWeek or some other financial magazine and thought to myself, “This is stupid. Why would anyone want to send text messages to total strangers?”

So I signed up and created @emeyer88. And that was just the start.

My story and a lot of “thank you’s”, after the jump…

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Confession: I find bankruptcy VERY boring. And I loathe it. I’m a labor and employment attorney. When partners approach my door with bankruptcy assignments, I pick up the phone and pretend to yell at opposing counsel. So far I’m batting 1000.

But when I learned that the Third Circuit in Rea v. Federated Investors ruled that a private employer may refuse employment to a job applicant who has ever filed for bankruptcy, I mustered up the will power for this blog post.*Checks* Consider it my 2011 bankruptcy contribution.

I’ll break down the court’s ruling after the jump.

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“Doing What’s Right – Not Just What’s Legal”
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