Image Credit: Pixabay.com Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while…
Uncredited [Public domain], via Wikimedia CommonsNot only that but two different employers disciplined the same dead person on the same day. Last Friday, I was on the road in Cleveland doing some anti-harassment training for managers and supervisors. Minutes before my second session, I glanced down at my phone to…
Lorimar Productions/NBC [Public domain], via Wikimedia CommonsIn 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all. Some…
Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them. But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not…
Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…
jaydeep_ [CC0 or CC0], via Wikimedia CommonsIt’s Cyber Monday. And, since you could’ve rested your deal-finding, typing fingers anywhere. I appreciate that you’re resting them with me before rejoining the masses for some holiday shopping online. Unfortunately, if you came here looking for links to big savings, I can’t help…
Public Domain, Link It’s right there in the statute. Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity. Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting…
I’ll wait patiently while you pick your jaws up off the floor. I want some of what you’re having, Eric. Have you lost your freaking mind, Eric? Nope, I’m good. I’ve been practicing law now for nearly twenty years. In that time, I’ve learned a few immutable truths: Plaintiffs keep every…
By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia CommonsYesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here). If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version:…
By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary…