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The Employer Handbook BlogThe Assault Was Essentially Undisputed. So Why Did the Harassment Claim Fail?
A company retreat ended with coworkers pulling a man off an employee he sexually assaulted. The company kept him. Continue reading
Articles Posted in Hiring & Firing
When Do Remote Employees Count as One Worksite Under WARN’s Layoff-Notice Law?
Your employees work from kitchen tables across the country. Before eliminating their jobs, you may need to figure out which tables count together. Continue reading
Suspected FMLA Fraud? The Investigation May Need One More Call.
A signature mismatch can make HR suspicious. It can also have an explanation worth hearing before someone gets fired. Continue reading
Greetings From Mexico. About That Sick-Leave Policy…
A Mexico vacation while on sick leave is an easy headline. The employer’s defense required a closer look at two separate decisions.
The EEOC’s Anti-American Discrimination Priority Gets a Red-Highlighted Example
If you want the EEOC’s attention, do this: send an email — in red highlight — seeking “ONLY H1B” applicants. It’s one of the allegations in a new federal lawsuit, part of the agency’s push against anti-American bias.
The Layoff Was Planned Before His FMLA Request. The Timing Became the Problem.
The company had decided to eliminate his job before he told his manager about his planned parental leave. So why did he get his termination notice in April when the other people on the layoff list remained until July?
The Pride Flags Came Down. Why the Title VII Claims Did Too.
Pride flags came down. Pride stickers were covered and prohibited. An LGBTQ+ student club received extra field-trip scrutiny. That is how three teachers described the pattern in their complaint. Continue reading
A RIF Needed One More Answer: Why Was the Employee on Leave Chosen?
Calling a termination a reduction in force does not make the selection process disappear. If the paper trail cannot explain the choice, a jury may get the opportunity to examine it.
A Manager Couldn’t Follow the Spanish-Language Meetings. His Discrimination Claims Got Lost in Translation.
A 25-minute meeting in Spanish allegedly became a two-sentence summary in English. That may be a workplace communication problem, but this court did not see race or national-origin discrimination.
She Requested a Pregnancy Accommodation. Her Overtime Disappeared. Then Her Job Did.
The employer approved light duty. Seventeen days later, it fired the pregnant employee over an alleged policy violation from two months earlier.