By POV – Impawards, Link John McClain’s classic line from another classic Christmas movie, Die Hard 2, was the first thing that came to my mind after a story I read last week. According to multiple reports, among them, this one from Evan Simko-Bednarski and Anna Sturla reporting at CNN,…
Articles Posted in Hiring & Firing
This former employee who was fired for social media posts will get his job back. But, your employees probably won’t.
Raymond Wambsgans from Akron Ohio, USA [CC BY-SA 2.0], via Wikimedia CommonsAt dinner the other night, someone asked me what I did for a living. So, I told that person that I’m a blogger dammit and people respect me for it an employment lawyer. She responded with words to the…
ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.
Image Credit: https://freesvg.org/1550658029 (Public Domain) Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may…
Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.
Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…
Can you fire a supervisor accused of sexual harassment without investigating first? Yep.
Image Credit: https://www.publicdomainpictures.net/en/view-image.php?image=298867&picture=lifeguard-chair-at-indoor-pool Today, I want to tell you about a lifeguard who worked for several years for an employer in Washington, DC. By his own estimation, this lifeguard “was a stellar employee who was a highly skilled lifeguard, supervisor, swim instructor and coach.” But, after receiving anonymous complaints of…
This great federal court decision I read offers seven keys to a proper severance agreement
Image by Andreas Breitling from Pixabay A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So…
Can a company require new employees not to bash it on Glassdoor? Is that legal?
Glassdoor [Public domain], via Wikimedia CommonsLet’s find out. Last week, the National Labor Relations Board’s Office of General Counsel released this Advice Memorandum. It involves a Missouri law firm that required all newly-hired support staff and attorneys to sign an employment agreement containing the following non-disparagement provision: “[D]uring and after…
Holocaust denials — especially in email — generally don’t provide job security
Image by macdeedle from Pixabay Here, I’ll prove it. Several news outlets have reported that a Florida high school principal is no longer employed at the school after he allegedly told a parent, he ‘can’t say the Holocaust is a factual, historical event’ Here’s more from Nicole Darrah reporting here…
“Surprise! There’s a Skeleton in Your Candidate’s Closet!”
Image by Paul Brennan from Pixabay A few weeks ago, the great folks at ERE Media invited me to speak at the ERE Recruiting Conference in Washington, DC about what happens when you learn that one of your recruits has done something on social media that doesn’t mesh well with…
Sexy Mister Rogers and the rest of your last-minute ‘what not to wear to work tomorrow’ checklist.
Petar Milošević [CC BY-SA 3.0], via Wikimedia CommonsA few years ago, my wife and I were able to convince my younger son (then five years old) that he should consider other costumes beyond his first choice: the “Adult Skeleboner One Piece Costume,” which didn’t glow in the dark like the…