If you follow me on Twitter (@Eric_B_Meyer), you saw I broke the news last Friday that the Fourth Circuit Court of Appeals (here) joined the Sixth Circuit (here), in excluding expert testimony from the U.S. Equal Employment Opportunity Commission on how certain background checks may have a disparate impact on certain…
The Employer Handbook Blog
A social media lesson to share with your workforce
By now, we all must have a great story. Maybe it’s about a co-worker. Or more likely, something we read online — probably on this blog. Each of us knows about someone who, in a single careless tweet, status update, or selfie . . . lost their job. A little…
Caught playing golf during his leave, court slices plaintiff’s ADEA claim
See what I did there? (Yes, folks, it was either that or a riff on clown’s mouths and windmills). When the plaintiff, in this case, took leave from his job after ankle surgery, he did so with certain medical restrictions on his physical activities. Thus, when the company learned that…
Tips You Need to Avoid Tipping Headaches
Do you know how hard it is to come up with 17 kick-ass action movie quotes for a single blog post? I don’t think you do! Folks, it’s not all Yippee-ki-yay, motherf*&^er! For discretion is the better part of valor. The subtleties and nuances of selection (John Matrix – yes; John Kimble…
The Employment Law Blog Carnival: “Kick-Ass Action Movie Lines” Edition #ELBC
Welcome, everyone, to the February 2015 edition of the Employment Law Blog Carnival. For those who don’t know, the ELBC, as we like to call it, is a monthly installment of the latest and greatest from the employment-law blogosphere. Each month, a different host and a different theme. In January,…
Consider requiring your new independent contractors to release employment claims
What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…
The school bus driver’s beer-drinking selfie on Facebook was a bad idea
Or, as a glass-half-full kinda guy, maybe it was a good idea for an Ohio school bus driver to take a selfie on the bus holding an unopened beer bottle to her lips and post it to Facebook. She lost her job, but, I get a blog post with great SEO potential…
Paid sick leave becomes the law in Philadelphia
Back in December, I warned you (here) that, after two failed attempts to enact paid sick leave in Philadelphia, the third time may be the charm in 2015. I was right. (Want to rub my head for good luck? Or hire me as your employment lawyer? Yeah, let’s go with the…
Fired from her job, a “sleepy” “armed security guard” may have an ADA claim
Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show…
Teen tweets complaint about new job, gets fired on Twitter before starting said job.
I am a true Twitter OG. Why, I remember back in the day — it was 2009 — when Connor Riley, a/k/a ‘Cisco Fatty’ a/k/a @theconnor tweeted: “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San…