William Wengert is HIV-positive. He worked as a certified nursing assistant for Phoebe Ministries, until he was terminated last year following an incident in which a resident suffered a broken leg. The company claimed that the incident with the resident precipitated the firing. Conversely, Wengert alleged that the company violated…
Just Google it. The National Labor Relations Board has been drawing a lot of attention for its heightened scrutiny of at-will employment disclaimers. For example, in a case involving the American Red Cross, a Board ALJ found that the American Red Cross broke the law by having an employee handbook…
Alright folks. Kindly remove your lawyer and HR hats for a moment and don the judicial robe and gavel. Your Honor, what you must decide, based on the facts that I will lay out below for you after the jump, is whether the release that the Plaintiff-employee signed is…
Hurricane Sandy: Day 2 To my east-coasters, I hope this post finds you safe and dry. Me? Hey, thanks for asking. Our Philly home kept power throughout and we otherwise made it through unscathed. Still, Philadelphia remains in a state of emergency. The City is essentially shut down. Most of…
I’m punching out this post on Sunday night, from my home in Philadelphia, before the brunt of Hurricane Sandy strikes. Like many of you, I’m locked, stocked, and ready to go, hoping that the impact is far less than is forecasted and the recovery is easy. Inevitably, however, for you…
Today we have a guest blogger at The Employer Handbook. It’s one of my readers, Joseph Ginarte. Joseph is an employment lawyer with Ginarte, O’Dwyer, Gonzalez, Gallardo Winograd. Like his post? Feel free to email him some comments! (Want to guest blog at The Employer Handbook? Email me). * *…
I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face.. [Note to self: Less of “The Walking Dead,” more sleep]. On November 19, 2012, this new law will take effect in NJ, which will require employers of 50…
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.” An employee is eligible for leave under the Family and Medical Leave Act if the employee has “a serious health…
Your employee vacations in Las Vegas. She plays the slots, walks the Strip, does some people watching, eats at nice restaurants. And she claims it’s all covered under Family and Medical Leave Act. And, you know what? She may be right. I’ll tell you why after the jump… * *…
An employee getting fired for caustic social-media posts is so 2011. Having an application for unemployment-compensation benefits denied because of Twitter stupidity — that’s the new black. Details of a recent Commonwealth of Pennsylvania decision — don’t tread on me, Idaho — after the jump… * * * Stephen Burns…