Yesterday’s parting shot advised employers — not legal advice, mind you — that well-documented termination decisions are much better than “take my word on it, we should just fire him.” Let’s test that theory today. Honest to a fault. The plaintiff in this case worked for a credit union. The…
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial. But plot twist! He didn’t. “I feel like you are racially discriminatory towards me.” The plaintiff, a black man, worked daily with the defendant’s President and Owner. One…
I read a survey last night that blew my mind 🤯 In November, ResumeBuilder.com surveyed 1,131 U.S. hiring managers and recruiters about their views of Jewish individuals and their perception of antisemitism in the workplace. Of those surveyed – remember these are the people making the hiring decisions — 29%…
This may come as a surprise to some of you, but the in-house company lawyers don’t always see eye-to-eye with the HR professionals, supervisors, and employees whom they counsel. And vice versa. I’d swap stories with you, but the attorney-client privilege (and my better judgment) cautions against doing so. So,…
Before you put away your robes and gavels, I need to judge one more thing: the annual Thanksgiving foods competition. It’s that time of year when I ask the best blog readers in the world (that’s you!) to rank the best Thanksgiving foods. Thirty-two items are divided into four categories…
In yesterday’s blog post (and on LinkedIn), I asked you to adjudicate a white man’s discrimination claim. Specifically, you had to decide whether a white utility water meter reader who was fired for inaccurately reporting homeowners’ water meters was “similarly situated” to a black coworker who was not fired even…
A white man who worked as a utility water meter reader sued his employer for racial discrimination after he was fired for inaccurately reporting homeowners’ water meters. In support of his claims, the plaintiff compared himself to a black coworker who was not fired even though he started work late,…
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. To remedy that, you must promise to pay me $100 if you keep reading…
Democrats and Republicans don’t often see eye to eye on new employment legislation. Except, it seems, when Gretchen Carlson spearheads the effort to get these new bills passed. In March, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. That law…
The complexities of the Family and Medical Leave Act can bollocks even multi-billion-dollar companies. But the case I’m going to tell you about today is a reminder that, at bottom, the FMLA is largely no-harm, non-foul. In early 2018, an employee with a serious health condition spoke to her doctor,…