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Articles Posted in Hiring & Firing

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Yes, you can be fired for sharing Elmo poop memes. It’s another lesson on at-will employment.

Image Credit: Cody Hidalgo on Facebook A Michigan man claims he “legit got fired” for posting a Sesame Street Elmo ‘poop’ meme on Facebook on a Sunday when he wasn’t at work. (h/t The Daily Dot and Unilad) I suppose that’s kinda … wait for it … sh*tty. But, Michigan…

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PODCAST: How to Treat Employees Like Humans – Even When You’re Firing Them

Image by Gerd Altmann from Pixabay About a month ago, I shared a podcast from my FisherBroyles, LLP  employment law partner, Jessica Brown Wilson, where she addressed how to create a sexual harassment policy. Now, she’s back. This time, she’s tackling a difficult issue: “How to Treat Employees Like Humans…

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Looking for HR information on conducting workplace investigations? You’ve hit the MOTHERLODE!

Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590) Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys. Then, in September 2017, along came a guy…

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An employer trolled a job candidate’s bikini photo on Instagram and it backfired HORRIBLY

Image by mohamed Hassan from Pixabay Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer. But, how many of you have actually gone…

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If one of your employees wears this to work, tell that person to GTHO!

Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/) On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.” It didn’t end well for the employer. Over on LinkedIn,…

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Get your damn story straight if you’re going to fire someone who just returned from medical leave.

Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…

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How many of you would risk the retaliation claim here? (I would)

Image by Clker-Free-Vector-Images from Pixabay You’ve been here before. One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee. Now…

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Filling out those EEO-1s stinks. But, it could be worse…

By U.S. Government – Extracted from PDF file here., Public Domain, Link I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference. So, today’s post…

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PA Supreme Court will decide whether two businesses can agree not to poach each other’s employees

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or…