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The Employer Handbook Blog

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Court dismisses the age bias claims of a pistol-packin’ old cripple

A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat. The 51-year-old responded by telling his manager that he would…

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A new HELLA GOOD social-media-discovery ruling for employers

Last week, I reported that a Pennsylvania state court had ruled that a plaintiff did not have to provide access to her Facebook page during discovery by accepting a “friend” request from defense counsel. That same week, another Pennsylvania state court was asked to resolve whether a plaintiff’s “privacy rights” would…

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Labor board issues its 2nd social-media-related complaint in 2 weeks

As I previously reported, on May 9, 2011, the National Labor Relations Board issued a Complaint, in which it alleges that a NY non-profit company fired five employees for complaining on Facebook about working conditions. Now, Law 360 reports that the NLRB has issued a second complaint against a Chicago-area…

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Before taking medical leave in Cancun, read this…

Can a company create and enforce a policy that requires employees on paid sick leave to remain close to their homes, unless they obtain the company’s permission? Would that policy infringe on an employee’s FMLA rights? Good questions. The answers are after the jump. * * * Employees abuse FMLA?…

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Labor board continues its war on social-media-related firings

  As some of you may know, word has surfaced about a Complaint that the National Labor Relations Board filed last week against a NY non-profit. The NLRB alleges that company fired five employees for complaining on Facebook about working conditions. The NLRB has issued a press release and much has…

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Court bars Facebook “friending” in discovery

If, in a pending civil action, the defendant requests to Facebook “friend” the plaintiff in order to learn more about the plaintiff’s claims, must the plaintiff accept the friend request? This is precisely the issue that a PA Court of Common Pleas recently faced. So, what happened? Find out after…

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Did you know? A prevailing defendant may recover e-discovery costs

Earlier this month, a Pennsylvania federal court held that plaintiffs in a contractual-dispute matter must reimburse the defendants, who prevailed on summary judgment, for all costs that the defendants incurred in the production of e-discovery. Now that’s a hammer! More on this decision and how it might apply in an…

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Can you reject an applicant BECAUSE he just completed drug rehab?

Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.” Does that mean that an employer cannot refuse to hire…