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The Employer Handbook Blog

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No FMLA claim for employee who mistakenly thought he was fired

Stop me if you’ve heard this one before… Employee gets bad performance review. Employee laments to HR about the pressures of work. Employee emails a company vice president requesting that he stop propagating company “propaganda”. Employee accuses another employee of “dismantling the Spanish Department” Employee attempts to mass email the…

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More office romances; more anti-harassment training

A recent survey by Workplace Options, shows that most Generation-Y employees believe that an office romance will have a positive influence on performance and overall workplace morale. Sounds like a Cialis commercial. Who says I need to wait for Valentine’s Day for this post? Losers, that’s who. Lock the broom…

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New NLRB election rules may get derailed; plus more on SNOPA

Two quick updates for you today; one labor, one employment. Word has trickled in that the U.S. District Court for the District of Columbia held a conference call with lawyers from the National Labor Relations Board, the U.S. Chamber of Commerce, and the Coalition for a Democratic Workplace, and informed…

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The NLRB’s blueprint for “quickie” union elections

“Blueprint”? Word. But, do you know how tough it is to find a blog-appropriate Jay-Z hit? Hmmm…let’s try this one. On Tuesday, the National Labor Relations Board’s “quickie” election rules survived a Senate challenge. Next week, April 30 to be exact, they go into effect. Hey! Isn’t that when the…

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5 takeaways from the EEOC’s new guidance on use of criminal records

  Yesterday, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. (Title VII is the federal statute that prohibits discrimination in the workplace based on race, color, religion,…

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Court holds mistaken discrimination is unmistakably illegal

  The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…