When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate. Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst.…
The Employer Handbook Blog
#SHRM13 ROLL CALL!!!
We are less than a week from the start of the SHRM Annual Conference & Exposition, which kicks off in Chicago on Sunday, June 16. I will roll into town on Monday. My plan is to hit the House of Blues that night for The Official #SHRM13 TweetUp & Afterparty.…
Does firing a law firm associate for discussing wages violate federal labor law?
There’s not a whole lot that we have in common. I’m more erudite (you know, the blog thing), better looking, and more arrogant confident. Given our differences, what I’m about to say may come as a surprise: when I was a associate attorney, I discussed salaries with other associates. (I’ll…
The ethical tightrope of social media as a litigation tool
Savvy lawyers today use social media to mine and collect important data about litigants. But cross that line from savvy to shady, and you may find yourself in deep do-do. (Kinda like the blow-out I encountered when I reached inside the back of my youngest’s wetsuit at the pool this…
“What do you mean, ‘you people’?”
Trouble in the workplace; funny in the jungle.
Not for Teacher: Court denies request to miss Tuesdays for Sabbath
Bad Van Halen pun aside, let’s play some Skynyrd. Even Waldo agrees. So, there was this woman in Louisiana who took a teaching position at an elementary school. You know the kind; one that operates on weekdays. And, around her start date, she asked the administration for Tuesdays off to…
Tough HR issues: ADA and extending a leave of absence
Alright smarties. One of ABC Company’s employees suffers from post-partum depression. She’s been out of work for over a month, and the company wants to replace her. But, first, it wants your advice. Read all the facts below: Emily Employee is an HR Coordinator at ABC Company. ABC provides short-term…
Firing a woman for lactating at work is against the law
Allow me to be serious for a moment… Moment’s passed, eh? Ok. Let me bring it back… Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the…
Supreme Court passes on ADA transfer accommodation case
Here’s the scenario: You have a disabled employee who seeks an accommodation. Mindful of the Americans with Disabilities Act, and being the compliant company that you are, you engage that employee in an interactive dialogue to discuss reasonable accommodations — options to allow the employee to perform the essential functions…
Employee alleges he got the “Office Space,” claims age discrimination
If the movie “Office Space” has taught me anything, it’s to wear 37 pieces of flair to work — do more than the bare minimum — and to use a cover sheet with my TPS reports. And never mess with a man’s stapler. That too. Especially when you’re also moving…