Search
The Employer Handbook BlogA 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.
Continue reading
Articles Posted in Hiring & Firing
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
/cloudfront-us-east-1.images.arcpublishing.com/pmn/TTGLC2PBQ5H3NNZU7XAOPK7EUM.JPEG){kind=link}
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.