December, 2012

If your employee did THIS on Facebook, what would you do?

December 13, 2012 | by Eric B. Meyer

I did one of these posts a few weeks ago, where I wrote about employees getting sacked for a Facebook post and then offered you — the employment lawyers and HR pros — the opportunity to second-guess the termination decision.

Giving y’all the chance to weigh in nearly crashed my servers. So, let’s try it again with a new set of facts. But, be easy on my hardware.

Rhonda Lee is a meteorologist for KTBS-TV. Oh, did I say “is“? I meant “was“. She was fired based on two exchanges that occurred on the station’s Facebook page:

New “Top Jobs for 2013” list will make many of my readers VERY happy

December 12, 2012 | by Eric B. Meyer

Good news for HR professionals!

That, according to this recent poll from CareerBuilder and EMSI, ranking the best jobs for 2013 requiring a bachelor’s degree.

Coming in at #5 was “Human Resources, Training and Labor Relations Specialists.” The numbers reflect that the profession has added 22,773 jobs since 2010, which represents 5% growth. Matt Ferguson, CEO of CareerBuilder, believes that the study results indicate that “[w]here the U.S. will produce the most jobs in 2013 is likely to follow growth patterns of the last few years.”

Fact or Fiction: Breaks/lunch taken at work may qualify for FMLA

December 11, 2012 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

The Family and Medical Leave Act permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances, such as caring for a parent with a serious health condition. Intermittent leave can be days, hours, or even minutes off of work. Indeed, when an employee takes FMLA leave on an intermittent or reduced leave schedule basis, the employer must account for the leave using an increment no greater than the shortest period of time that the employer uses to account for use of other forms of leave provided that it is not greater than one hour and provided further that an employee’s FMLA leave entitlement may not be reduced by more than the amount of leave actually taken.

When employees use minutes of intermittent FMLA, it’s generally in the form of early dismissals or late arrivals to work. But what about FMLA leave during breaks and lunches, when the employee never actually leaves the office? Can that time be used for intermittent FMLA leave?

HO HO NO! Facebook comments get Santa Claus fired…twice!

December 10, 2012 | by Eric B. Meyer

With the National Hockey League season in jeopardy, I imagine that Canadians are a fairly ornery bunch these days.

Even further north, hockey fans too are in turmoil. Reports from the North Pole have Mrs. Claus moping around. Morale amongst Santa’s helpers is at an all-time low, causing toy production to drop 20%. And the elf of the shelf just flipped me the bird.

But it appears that no one is taking it harder than jolly old Saint Nick.

HR testifies that employee firing was FMLA retaliation (you read that right)

December 7, 2012 | by Eric B. Meyer

Better settle the case, right?

Not if you’re Flannery Oaks Guest House. Instead, you move for summary judgment and try to get your former employee’s FMLA retaliation claim dismissed.

Was Andy Reid or Norv Turner calling that play?

How do you think it worked out for ole Flannery Oaks? (Hint: it failed miserably). Find out for sure after the jump…

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HR’S 2012 performance review #nextchat

December 6, 2012 | by Eric B. Meyer

Yesterday, I spent a fun hour hanging out on Twitter with the folks from SHRM’s We Know Next discussing 2012’s HR victories and, then, what lies ahead for you good folks in 2013.

A big thank you to SHRM and to those who were able to join us and participate. ICYMI, after the jump is a full recap of all the action along with the top song on the Billboard pop charts.

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I can’t believe you missed these workplace blockbusters, you guys!

December 5, 2012 | by Eric B. Meyer

Translation: Recent HR / employment law developments that Meyer missed a/k/a Meyer needs to clear out his folder of bookmarked employment-law items to make room for his ~~dork~~ ~~dorkier~~ Fantasy Baseball bookmarks. Pitchers and catchers report in just over two months.

More courts weigh in on social-media discovery issues. “Good news. My doctor says that the itching and redness should subside in a few days.” Recent court decisions (here and here) roadmap how you can access this and other Facebook status updates from your former employee who is now suing you. Have fun with that.

Other social-media-related litigation. A firefighter, allegedly terminated for critical Facebook comments, has settled his wrongful discharge claim (here). Facebook posts doom another employee’s FMLA claims (here). The National Labor Relations Board crapped all over another employer’s social-media policy (here). Choking back laughter (at least that’s how I envision it), a Massachusetts Court denied ~~another~~ (the first ever?) hair salon’s claim that a former stylist’s job posting on Facebook violated a non-solicitation agreement agreement (here).

EEOC: Bar claimed males like their Sunday servers sans embryo

December 4, 2012 | by Eric B. Meyer

*** Googles “sans,” wipes brow while sighing in relief ***

I’m not aware of any studies or surveys that the Sandbar Mexican Grill conducted on this subject. Instead, I imagine something like this:

Sandbar Customer: “Two please.”

Sandbar Manager: “Sure. But before I seat you, do you see that bartender over there? She’s *gasp* pregnant. That’s why we have her behind the bar, instead of in your face distracting you from watching the Arizona Cardinals, losers of eight in a row. Given that it’s Football Sunday, we even raised the bar an extra foot just in case her fetus is sitting high. And, as an extra precaution, we have a curtain between the bar and the employee bathroom so that you won’t have to avert your eyes should nature call. We used to have a bucket behind the bar for her, but our lawyers frowned on that. Really, what am I saying is, should we just fire her? Uh, fellas?!? Come back! I’ll make the other servers pee on sticks. Don’t run away! I assure you, it’s EPT; not that ClearBlue crap! Come one guys! Half-price Vodka/Rock Stars! Fellas!

“Younger people are the future” comment creates age-bias claim

December 3, 2012 | by Eric B. Meyer

Hey Employers!

Want to guarantee yourself a jury trial in an age-discrimination case? Just mention the word “younger” to any employee age forty or above right around the time you fire him.

[Editor’s Note: Calling that employee an “old man,” “old fart,” “pops,” and “grandpa” will also do the trick — except, of course, in Texas]