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Could forcing an employee to sign a last chance agreement lead to a retaliation claim?

Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6)
The answer may shock you!
(But, it probably won’t.)

Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6)
The answer may shock you!
(But, it probably won’t.)
By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons
If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading
By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons
Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading

By U.S. Court of Appeals for the District of Columbia Circuit [Public domain], via Wikimedia Commons
*Cracks knuckles in preparation for lots of cutting and pasting*** Continue reading

Source: https://eeotraining.eeoc.gov
Yep, it’s that time of year.
The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC. Continue reading

Image Credit: Frinkiac.com
Either way, it doesn’t belong on a hot dog. Ever. Continue reading

A few weeks ago, I delivered a #MeToo presentation to a local chapter of HR professionals. Our dialogue evolved into a discussion of other “respect in the workplace” topics with which many companies are presently wrestling. Continue reading

Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link
During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor.
***Updates shopping list***
And I’ll bring my A-game. B-plus, at least. For the rest of the week, you can expect nothing less from me than Russia’s performance against Spain in the World Cup.
We’re going to start off by revisiting an issue, the surface of which we began to scratch a few months ago: opioids and the workplace.
By U.S. Government (Extracted from PDF file here.) [Public domain], via Wikimedia Commons

Image Credit: Pixabay.com (https://pixabay.com/en/truck-transportation-vehicle-158539/)
For the last year and change, Jon Hyman, who blogs at the excellent Ohio Employer Law Blog, has run a series of posts identifying employers accused of egregious workplace violations.
Stuff so bad that it would have your employment practices liability insurance carrier hyperventilating into a 50-gallon trash bag. Continue reading