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Articles Posted in Hiring & Firing

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POLL: Would you fire this employee for her Facebook comments?

I read this on ZDnet yesterday: Administrative Law Judge Ellen Bass has ruled Jennifer O’Brien, a first-grade teacher at School 21 in Paterson, New Jersey, should lose her tenured job, because of a Facebook comment she made about her students. O’Brien has been on administrative leave since March, which is…

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Welcome to the Employment Law Blog Carnival: Jukebox edition!

The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…

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Fact or Fiction: WARN applies to parents and affiliates

Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. As you know, if you read yesterday’s post, the Worker Adjustment and Retraining Notification Act (WARN), a federal law, protects workers by requiring most employers with…

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Legal? Replacing over 100 workers without any sort of notice

In December 2006, 247 union workers went on strike at the Kohler manufacturing plant in Searcy, Arkansas. Three months later, Kohler hired 123 replacement workers. Kohler and the Union settled their dispute in March 2008. As part of the settlement, Kohler agreed to reinstate the striking strikers. Kohler then fired…

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How long does an employee get to review a severance agreement?

  If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals. And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances”…