Articles Posted in Hiring & Firing


Image by Paul Brennan from Pixabay

A few weeks ago, the great folks at ERE Media invited me to speak at the ERE Recruiting Conference in Washington, DC about what happens when you learn that one of your recruits has done something on social media that doesn’t mesh well with the culture of the company.

No, diversity and inclusion do not mean rounding out the team by hiring someone who posts her Halloween blackface photos on Instagram. Continue reading

Halloween Jack-o'-lantern

Petar Milošević [CC BY-SA 3.0], via Wikimedia Commons

A few years ago, my wife and I were able to convince my younger son (then five years old) that he should consider other costumes beyond his first choice: the “Adult Skeleboner One Piece Costume,” which didn’t glow in the dark like the less-endowed kids’ version he ultimately selected. Continue reading


Image Credit: Cody Hidalgo on Facebook

A Michigan man claims he “legit got fired” for posting a Sesame Street Elmo ‘poop’ meme on Facebook on a Sunday when he wasn’t at work. (h/t The Daily Dot and Unilad)

I suppose that’s kinda … wait for it … sh*tty.

Continue reading


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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


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


Image Credit: on Instagram (

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


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

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