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The Employer Handbook BlogHelp Wanted: Bartender. Must be biologically male
Notice anything potentially unlawful here? Continue reading
Articles Posted in Hiring & Firing
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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.
No, my guy, your employer did not unlawfully stereotype your masculinity by firing you for sexual harassment.
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. Continue reading
“Vague and conclusory” allegations are not enough to pursue claims of discrimination in court.
Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.
Except when all you plead are “vague and conclusory” allegations.
85,286 reasons not to treat an employee differently because their family member is disabled
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.
It’s called associational discrimination.
It may be okay to terminate someone after they complain about discrimination if…
A university professor did not have her employment contract renewed after two years on the job.
Why not? Continue reading
What’s the worst that could happen to a former employee who hacks your network and lies to the feds about it?
Well, I don’t know if it’s the worst, but getting sentenced to 24 months in prison for a network intrusion and making false statements to a government agency sounds pretty bad. Continue reading