William Wengert is HIV-positive. He worked as a certified nursing assistant for Phoebe Ministries, until he was terminated last year following an incident in which a resident suffered a broken leg. The company claimed that the incident with the resident precipitated the firing. Conversely, Wengert alleged that the company violated…
Alright folks. Kindly remove your lawyer and HR hats for a moment and don the judicial robe and gavel. Your Honor, what you must decide, based on the facts that I will lay out below for you after the jump, is whether the release that the Plaintiff-employee signed is…
Today we have a guest blogger at The Employer Handbook. It’s one of my readers, Joseph Ginarte. Joseph is an employment lawyer with Ginarte, O’Dwyer, Gonzalez, Gallardo Winograd. Like his post? Feel free to email him some comments! (Want to guest blog at The Employer Handbook? Email me). * *…
I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face.. [Note to self: Less of “The Walking Dead,” more sleep]. On November 19, 2012, this new law will take effect in NJ, which will require employers of 50…
An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black. Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump… * * * Stephen Burns…
Take a few minutes to read this decision. It will blow your mind. Here’s the long and short of it: Three black employees sue for race discrimination claiming that they were subjected to a racially-hostile work environment. The court actually did the math: During the relevant time period, Facer…
1. Yoga 2. Bikram Yoga 3. That other kind of yoga 4. ummmm…… I have three kids three and under. Like I have time on the weekend to come up with 172 anythings…let alone something requiring a scintilla of creativity, save channeling my inner Andy Warhol at the children’s museum…
From the blog that brought you “Can a bridge worker with a fear of heights have a viable ADA claim?,” comes news of a recent federal-court decision which — well — you read the title to this blog post. In RRRRRRRRRRRRRRico v. Xcel Energy, Inc. [cue music] the plaintiff,…
Back in 2010, Douglas Clayton had a rough Summer. In August, Mr. Clayton was employed as a deckhand on a boat in Louisiana — that is, until one of his white co-workers allegedly raised a wrench to Clayton and told him to get his “stupid mother f**king n**ger ass” off…
Earlier this month, the Supreme Court reconvened for its 2012-2013 term. Although not chock full of pending employment-law cases, this term will see several important issues decided which could affect your workplace. Below, I have a collected a series of links to stories on these cases: “New Supreme Court Term…