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The Employer Handbook BlogI found a case where an employee’s First Amendment rights were violated. Almost.
Let’s change up the facts from yesterday’s “free speech” blog post. Continue reading
Articles Posted in Hiring & Firing
Wrongful termination? Freedom of speech? Bless her heart.
Today I bring you another example of how an employee does not forego their freedom of speech when working for a private employer. But, employees who speak out are not immune from the consequences of their speech either.
In this case, racism.
Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate
In early 2020, an employee at a global food supplier left work early with flu-like symptoms. That day she obtained a doctor’s note recommending that she “stay out of work for three days, from February 19-21, 2020.” The employee requested to have five days off to recuperate. However, the note said nothing about her inability to work beyond those three days. Her employer terminated her on February 21.
Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?
On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.
What would you do in that situation? Continue reading
NY Federal Courts 2 – “Central Park Karen” 0
The white woman many refer to pejoratively as “Central Park Karen,” after a videotaped dispute with a Black birdwatcher in Central Park went viral, was at it again. This time, appealing the “L” she took from a New York federal court in a race discrimination and defamation lawsuit against her former employer to the Second Circuit Court of Appeals.
How do you think that went? 😐
He got fired after threatening to complain to HR. Could that be retaliation?
The plaintiff in this federal court decision I read last night didn’t exactly come off as a model employee. Continue reading
Was she requesting Family and Medical Leave Act leave or pitching a television show?!?
This will all make sense in a minute if you keep reading. Continue reading
Would you stop emailing and texting? Just pick up the damn phone for once instead!
If, like me, you deal with HR compliance and employment law issues regularly, you’ve yelled the title of this blog post at others.
(And if you don’t deal with HR compliance and employment law issues regularly, dude, WTH are you doing here?) Continue reading
A new resource from the EEOC could help employers avoid bias claims from using AI
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is focused on preventing discrimination against job seekers and workers. Continue reading
What happens when everyone in the same position is over 60 and gets fired?
Is it age bias? Or just business? Continue reading