The Employer Handbook

Articles Posted in Hiring & Firing

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Image by StockSnap from Pixabay

It’s bad enough when a federal judge refers to a plaintiff-employee’s behavior towards her manager as “harassing, stalking, disturbing, and menacing.” And, I apologize that I didn’t have enough room in the title of this blog post to mention the plaintiff’s profanity and fighting at work, or her arrests for drunk driving and drug possession.

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. But, the plaintiff who referred to herself at work as “crazy” and “psycho” decided to appeal to the Tenth Circuit Court of Appeals.

And how do you think that went for the plaintiff? Continue reading

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Akron Police Department Ford Explorer -13 (13093389944)

Raymond Wambsgans from Akron Ohio, USA [CC BY-SA 2.0], via Wikimedia Commons

At dinner the other night, someone asked me what I did for a living. So, I told that person that I’m a blogger dammit and people respect me for it an employment lawyer.

She responded with words to the effect of, “When are employees going to learn that there is no such thing as free speech?”

Amen. Continue reading

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Image Credit: https://freesvg.org/1550658029 (Public Domain)

Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may be in jeopardy.

But, let’s back up a sec, as I tell you the facts of this disability discrimination case I read last night. Continue reading

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A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.

Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading

“Doing What’s Right – Not Just What’s Legal”