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The Employer Handbook Blog

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Court won’t let jury see plaintiff’s trial-victory prediction on Facebook

Oh, come on! What fun is that? What did the plaintiff say and why won’t the court allow the defendants to present it as evidence at trial? Find out after the jump… * * * Four months after getting terminated from his job, Allan Thomas went on Facebook and bragged…

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How to curse out your boss on Facebook … and get away with it!

It’s easier than you think. Indeed, a recent decision from the National Labor Relations Board bears this out. Details after the jump… * * * Online chatter about work is still chatter about work. As we’ve discussed here before, the National Labor Relations Act, gives covered employees (that would include…

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Here’s why you provide a list of essential job functions when approving FMLA

Trial is over! I’m coming atcha live and direct from the bloggerdome with a sweet defense verdict in my pocket. Yup, yup! [cue music] [cue music] And what do I come back to? A precedential Third Circuit opinion discussing an employee’s right to return to work from FMLA. I’ll cover…

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Court: Title VII prohibits retaliation based on good-faith complaint of sexual-orientation harassment

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute. So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create…

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Will the EEOC become more employer-friendly in the Fall?

*** whistles *** The word on the street according to Kevin McGowan at Bloomberg/BNA (here $$$) is that U.S. Equal Employment Opportunity Commission Chair Jacqueline A. Berrien (D) has decided not to seek renomination to the EEOC. Originally an Obama recess-appointment, the Senate confirmed Ms. Berrien as EEOC Chair in…

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Yes, you can fire an employee who discloses a disability at his termination meeting

Filed under: duh! More on this one after the jump… * * * Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four…