The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit. But first, the title of this post may serve a dual purpose. That is, maybe it…
Either way, it doesn’t belong on a hot dog. Ever. Heck, if it were up to me, I’d fire anyone who put ketchup on a hot dog. It seems that would be consistent with the at-will employment doctrine. Under the at-will employment doctrine, if the employee doesn’t have a contract…
What I am about to share with you is based on a true story. Well, bits of it anyway. A funny thing happened on the way to Independence Hall. Just days before our Founding Fathers signed the Declaration of Independence in 1776, two of their trusted advisors — the actual…
Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.) Well, I do have a point here. Somewhere. Ask and ye shall receive. In Preston v. Great Lakes Specialty Finance, Inc. (opinion here), Plaintiff suffered from a disability that caused him to have heightened sensory sensitivities…
I love my readers. Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. For example, last week I ran a post called, “Someone who doesn’t know that they have a serious health condition can still get FMLA, you guys.” That post was about…
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. This will teach me to go out for a few drinks after my kid’s soccer game. That is, on Friday before I left work I read this headline, “Transgender…
Most notably, HR Dive interviewed me on supporting transgender employees at work during their transition!!! (There’s also something about the Senate and House introducing the Equality Act, which would amend Title VII to explicitly ban discrimination based on sexual orientation and gender identity. And, another district court judge has ignored binding precedent…
The Family and Medical Leave Act enables eligible employees to take leave for up to 12 weeks in a 12-month period for their own serious health condition, among other things. How do you know if an employee is requesting FMLA leave? Do they have to say “F-M-L-A”? Heck no! But, they…
Now, where did I put yesterday’s .gif? Oh, there it is. While courts (and bloggers) wrestle with Facebook-related lawsuits, email is a different story. There’s this lawyer joke that the “E” in E-mail stands for Exhibit A. Or, what’s the other joke? Oh yeah, bad e-mails are like dirty diapers: they stink…
And, by sorta, I mean definitely. Oof! Sorry about that… Yesterday, I brought you “How a fired employee’s Facebook posts about Obama and “a thug” led to a $1.5M jury award.” It had some good employer takeaways and a .gif with Mr. Krabs taking a money shower. In other words,…