What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash? In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints,…
Articles Posted in Hiring & Firing
Questionable Absences, Point-Based Discipline, and a Hard FMLA Lesson
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. TL;DR: A bus driver with a chronic medical condition was…
The FMLA Trap You May Be Walking Into—Even When Fraud Seems Obvious
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he…
A Meme, a Minister, and a Judge Who Was Not Amused
Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the…
What Delaware’s Latest Decision Teaches About Drafting Enforceable Noncompetes and Nonsolicits
Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are increasingly skeptical—especially when the restrictions go further than necessary. Because a large part of my practice involves reviewing employment and equity agreements…
The Dog Ate Our Documentation. The Court Ate Our Defense.
They said he wasn’t “living the…culture.” But when there was no documentation, deleted emails, and a termination memo created after the employee raised age discrimination concerns, the court didn’t buy it—and told a jury to take it from here. TL;DR: A federal appeals court just revived an age…
Disclosed Menstrual Pain. Denied the Job. Now They’re Paying $48K to the EEOC.
A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after…
Get Ready: New Jersey’s Pay Transparency Law Is Now in Effect
It’s here. As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay transparency in job postings and mandates internal notice of most promotions. It applies more broadly than you might…
No Cause? No Problem. Supreme Court Foreshadows Political Purge
The Supreme Court appears ready to give the President what amounts to a blank check to fire a Senate-confirmed member of the National Labor Relations Board — no cause, no hearing, no due process. Just “You’re fired,” in an 11 p.m. email. TL;DR: On May 22, 2025, the Supreme Court…
Fired Over $15. Or Was It the HR Complaints?
Fired Over $15. Or Was It the HR Complaints? A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages,…