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The Employer Handbook BlogIn January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading
Articles Posted in Hiring & Firing
Not all retaliation laws are alike. There’s one that doesn’t even require any intent to retaliate.
There are all sorts of anti-retaliation laws that protect employees. Many require that employees who invoke them prove that the employer acted with retaliatory intent.
But not all of them.
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions
Before discussing the jury verdict, I’ll tell you a little about how we got here.
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Here are 105,000 reasons not to force an older worker to retire
“When are you going to retire?” “Why don’t you retire at 65?” “What is the reason you are not retiring?” Continue reading
A court correctly dismissed claims of age discrimination, IMO. But, this employment lawyer still has a bone to pick.
Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.
Spoiler alert: it didn’t.
Help Wanted: Bartender. Must be biologically male
Notice anything potentially unlawful here? Continue reading
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Did this guy’s performance really nose-dive? Or did his age motivate his abrupt termination?
Stop me if you’ve heard this one before. Continue reading
Employee claims bias when employer failed to hire an inferior candidate.
“Uh, Eric, don’t you mean the superior candidate?” Continue reading
A company must rehire a moonlighting comic it fired for his ‘inflammatory’ standup routine.
About a year ago, a media organization fired one of its reporters after it found his ‘inflammatory’ Instagram posts (NSFW) showing clips of his off-the-clock standup comedy routines.
Last week, an arbitrator, who found some of the reporter’s jokes ‘funny,’ ordered the company to rehire him. Continue reading
Even with DIRECT EVIDENCE of discrimination, the employee’s race bias lawsuit was DOA
I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.