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The Employer Handbook BlogChecking the Wrong Boxes on an EEOC Charge Has Real Consequences. This Case Is a Good Example.
She filed an EEOC charge. She just didn’t file the right one.
Articles Posted in Hiring & Firing
Might Your Sign-On Bonus Clawback Create an Overtime Problem? A Federal Court Just Answered.
Sign-on bonuses with clawback provisions are common. Their interaction with overtime pay calculations is not well understood. A federal court in Virginia just issued a ruling that every employer using these bonuses should read.
Fired a Medical Marijuana User After a Drug Test? A Pennsylvania Court Says Not So Fast.
Firing a medical marijuana user after a positive drug test may seem straightforward — until a federal court explains why it isn’t.
The Moment FMLA Protection Kicks In Might Be Earlier Than You Think
It didn’t take a formal leave request. It didn’t take a doctor’s note. One email asking for FMLA forms was enough to trigger retaliation protection.
Rejected for a Positive Cannabis Test in New Jersey? Now Applicants Can Sue.
A federal appeals court ruled in 2024 that New Jersey job applicants had no legal recourse when employers rejected them over a positive recreational cannabis test. The New Jersey Appellate Division just disagreed.
Before You Fire Someone for FMLA Paperwork Problems, Make Sure Your System Worked
A 19-year employee couldn’t reach his FMLA administrator. The phone system hung up on callers at 5 p.m. An HR rep told him not to worry. Then he was fired for dishonest FMLA reporting.
Did Interviewers Say the Quiet Parts Out Loud? The EEO-1 Data May Have Confirmed the Rest.
According to the EEOC, a waste management company hadn’t hired a female garbage truck driver in years, and its interviews showed why: a manager told one qualified female applicant to think carefully, talk to her husband, and let him know if she still wanted the job. She did. The company hired a man. The case settled for $200,000.
He Was Put on a PIP the Day He Returned From FMLA Leave. His Employer Still Won.
An employee returned from his third round of FMLA leave and found a performance improvement plan waiting for him. That looks terrible. But a jury will never hear about it.
Bad, abrupt termination after a discrimination complaint. Still lawful. Here’s why.
An employee complained to HR about discrimination. About two and a half months later, the employer skipped progressive discipline, gave no warning, and fired her the same day over emails. Most people would expect that case to go to a jury. It didn’t. Continue reading
ADA Risk: Undoing a Working Accommodation After Years of Success
A new manager walks in, looks at a long-standing accommodation, and decides it’s over. The employee had been doing the job successfully for years. That’s where the risk starts.