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…
Documentation is good; smoking-gun emails from the HR Manager not so much. After the jump, I’ve got a few doozies which now have a financial institution going to trial on a former employee’s age-discrimination and Family and Medical Leave Act claims. * * * In Phillips v. StellarOne Bank (opinion…
I was reading this Third Circuit decision yesterday about an employee who got demoted for sleeping on the job, and all I could think of was Homer Simpson. For not unlike Homer J., a nuclear safety technician, this employee was responsible for monitoring his plant’s equipment to prevent malfunctions that could…
It is unlawful under the Age Discrimination in Employment Act “to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” An employee who alleges that she was fired in violation of the ADEA has…
On Employment Legislation: Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business.…
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Final Regulation on Disparate Impact and Reasonable Factors Other than Age” (RFOA) under the Age Discrimination in Employment Act of 1967 (ADEA). Wait, wha, wha, what the heck is an RFOA? (The Cliff Notes versions because, like, you could click…
Below are summaries of four pieces of legislation of which employers should take note: Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of…
According to FacesOfLawsuitAbuse.org, the lawsuit that keeps those lawyer jokes flowing is… Convict sues couple he kidnapped for not helping him evade police. A man who kidnapped a couple at knifepoint while he was running from the police is now suing the victims, claiming that they promised to hide him…
Oh, Meyer, where are you going with this one? Well, it’s my chance to play a little GnR after the jump while reminding my awesome employer readers about what it takes for an employee to actually prove a claim of age discrimination. (Hint: It’s not easy)… * * * To…
What’s the point of having a written handbook policy if you aren’t going to follow it? Better yet, what are the consequences of not following that handbook policy? (Hint: they’re bad). Find out why after the jump… * * * This recent federal-court age-discrimination decision underscores the importance of companies…