Articles Posted in Hiring & Firing

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Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590)

Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys.

Then, in September 2017, along came a guy named Harvey Weinstein. Continue reading

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Image by mohamed Hassan from Pixabay

Many of you have Googled or otherwise searched for a job candidate online before extending an official offer. I imagine that there were times that you found something objectionable that caused you to reconsider the offer.

But, how many of you have actually gone so far as to publicize your selection process on social media and shame the candidate? Continue reading

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Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/)

On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.”

It didn’t end well for the employer. Continue reading

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Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

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By U.S. Government – Extracted from PDF file here., Public Domain, Link

I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference.

So, today’s post is chock full of recent EEOC news and notes. Continue reading

The first rule of Fight Club is: You do not talk about Fight Club.

Well, it may not be the first rule in New Jersey workplaces – we’ve got plenty of those and many more added in the past 12 months – but the most recent rule in New Jersey: you don’t talk about salary history when interviewing job candidates. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/)

Company A and Company B work together from time to time on certain projects. Both companies have invested a lot of time, money, and other resources into their respective workforces and do not want to risk employees switching companies. So, they enter into a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where they agree not to hire the others’ employees during their business relationship and for some time after it ends.

Is that legal? Continue reading

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