Employment lawyers and HR professionals generally preach that employees view “it’s not a good fit” to explain their termination of employment as code for discrimination or retaliation. It’s HR101. But yesterday, a federal court of appeals explained that this well-intentioned but often misconstrued rationale isn’t always a thinly-veiled, pretextual excuse…
Many courts are generally reluctant to enforce noncompetes. And sometimes employers make their tasks even easier. For example, I read a state appellate court decision last night in which a company tried to enforce a three-year, thirty-mile noncompete against its former nurse practitioner that would prevent her from “provide[ing]…
So when the plaintiff in this federal court decision I read last night cited as evidence of her employer’s heterosexual animus that her gay coworker received a cake and party by gay supervisors on his 30th work anniversary, whereas she did not receive cake or party for the same occasion,…
Last night, I read a federal appellate court decision in which an employee with back spasms, sciatica, fibromyalgia, and pinched nerves claimed that her employer didn’t give her the help she needed to do her job. The plaintiff requested a “standing footrest” and “ergonomic chair” as reasonable accommodations. But she…
Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that an employer will fork over $400,000, split among 11 women, stemming from a written policy that violates both the Pregnancy Discrimination Act and the Americans with Disabilities Act. According to the EEOC’s complaint it filed in federal court in 2021,…
On April 10, 2023, Sixth Circuit Court of Appeals Judge Amul R. Thapar offered his two cents on the role the federal courts should have in second-guessing the business judgment of companies making hiring decisions: Ignoring decades of precedent, the majority opinion imposes a rule requiring employers to favor credentials over relevant…
You’ll find an important update if you head over to the official Layoffs and Closings website for New Jersey’s Department of Labor & Workforce Development. There are changes to the Millville Dallas Airmotive Plan Job Loss Notification Act, also known as New Jersey’s Mini WARN Act). They took effect on April 10,…
The Family and Medical Leave Act guarantees eligible employees up to 12 workweeks of leave in a 12-month period for a qualifying reason, such as taking care of a parent with a serious health condition. Employers, on the other hand, cannot interfere with employees’ FMLA rights. But, are there circumstances…
The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability. But, when employee self-medicate — like with…
They were so bad that a federal judge applied a rarely-used rule of civil procedure to consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute. Boy, that was about as witty as Groundskeeper Willie’s standup routine at Springfield Elementary. (Note…