You’ve got an employee with performance issues. Big time! Initially, rather than fire her, you make fun of her behind her back put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m looking for? — improvement. So, you fire…
The Employer Handbook Blog
GUEST POST: What HR needs to know about how immigration law impacts firing decisions
Today we have a guest blogger at The Employer Handbook. It’s Emily Neumann. Emily has practiced immigration law in Texas since 2005, representing both employers and immigrants. Neumann writes a blog on immigration law (immigrationgirl.com) and shares updates on Twitter (@immigrationgirl) and her Facebook page to help her clients stay…
HR’s 2013 Performance Review (via SHRM’s #nextchat)
Yesterday, We Know Next, the muscle-bound social media arm of the Society for Human Resource Management, hosted a NextChat session on Twitter. Oh, you don’t know NextChat? NextChat is a one-hour session on Twitter, which runs every Wednesday from 3-4 PM EST on a topic du jour — that’s the…
Employers may force employees not to file class actions
As my buddy Rubo used to say: “It’s like school on Saturday; no class.” Read all about it — yesterday’s BIG federal appellate court decision; not my buddy — after the jump… * * * Through December 20, you can vote for this hella-awesome blog in ABA Journal’s Blawg 100…
Pregnancy isn’t a workplace disability, but how about morning sickness?
An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lose her ADA claim 10 times out of 10. This is because pregnancy is not a disability under the ADA. But what if that same employee plaintiff with an…
Employee legally fired for complaining on Facebook about the boss’ “creapy hands”
Generally speaking, those who wait five years to complain about perceived sexual harassment in the workplace, don’t win lawsuits if they are eventually fired. But what happens when the complaint takes the form of a status update on Facebook? Does that offer the employee extra protection? Find out after the…
ABA Journal names The Employer Handbook a top law blog (again)! #TeamHandbook
Notice anything new at The Employer Handbook? Maybe the image on the right. Your other right. Yeah, there it is. The Employer Handbook is officially the Grover Cleveland of the interwebz, proudly nominated twice — in non-consecutive years — by the American Bar Association in its Blawg 100 Amici as…
Woman fired after getting sniffed by men 24 times may have a retaliation claim
Play some Skynyrd, man! (Just pretend the song is about reckless indulgences in the workplace, rather than drugs and needles and such, k?) Well, this is a new one for me. A woman claimed that she was employed as a leasing manager for four days. And during those four days,…
To all the employers too gun-shy to fire an employee on the day she returns from FMLA leave
Did I scare you yesterday with my post about the part-time employee denied leave under the Family and Medical Leave Act who may have an FMLA retaliation claim after receiving full-time hours? Well, your blogtender is here with a double shot of courage. (See what I did there?) *** blogtender…
FACT OR FICTION: Giving a part-time employee full-time hours may be FMLA retaliation?
That’s right folks. It’s time for another edition of “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.” Come on, gang! Did you see yesterday’s blog masterpiece? Those .gif’s don’t animate themselves. My little elves — I’m classifying…