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Articles Posted in Hiring & Firing
That time when Supreme Court nominee Amy Coney Barrett upheld a plaintiff’s $300K discrimination win
Welcome back to “Amy Coney Barrett Week” at The Employer Handbook.
I’m devoting five blog posts to some of her most significant employment law decisions so that, maybe, we can read the tea leaves to see how she may rule from the Supreme Court bench if the Senate confirms her nomination.
VIDEO: 2 lawyers explain 4 big changes to the Department of Labor FFCRA regulations
Just as I was settling in on Friday evening for a well-deserved lime rickey, I got an email from the U.S. Department of Labor. Continue reading
It may not be legal now to fire an at-will employee who misses work with a fever.
An employer may find itself in hot water for firing an employee absent with COVID-19 symptoms — even a low-grade fever — regardless of whether s/he is eligible for leave under the Families First Coronavirus Response Act. Continue reading
Court: Free speech may protect city employee’s Facebook post about wanting to kill Tamir Rice

Image Credit: https://www.publicdomainpictures.net License: CC0 Public Domain
I’ve said many times before on this blog that employees always have the right to freedom of speech — even on social media. But, words have consequences. And no law guarantees the right to continued employment.
But, there are limited exceptions to that rule. I’ll address one of them with you today. Continue reading
Is PPP new and improved in the new Senate stimulus package? Let’s find out…

image via Peakpx
After several days of recording videos, and a few too many comments about my mustache, I’m going to give my index fingers some exercise today for this blog post. Continue reading
Did I ever tell you about the employee that called the owner a “f***ing crook”?
He called him an “***hole” and “stupid” too. Then, he told the owner that nobody liked him, everyone talked about him behind his back, and even threatened that the owner would regret firing him if he did.
Sure enough, the company violated the law when it fired him. Seriously. Continue reading
We interrupt this mediation discussion for a NEW Supreme Court employment discrimination decision!

Public Domain, Link
I know I said that I would post a mediation video today. But, give me a rain check on that, and I think that I can do you one better. If you would be interested in an upcoming Zoom with me and a member of the EEOC Mediation Unit, give me a “hell yeah!”
But, for now, I’ve got to talk about yesterday’s Supreme Court decision in Our Lady of Guadalupe School v. Morrissey-Berru.
Where do you draw the line on employee social media content? How about violent threats?

Image by Thomas Ulrich from Pixabay
Both a Harvard graduate and a police detective who supported the recent Black Lives Matter protests appear to be finding out the hard way that posting violent threats on social media, even if in jest, can end up costing a job. Continue reading
It’s July 1. Happy Bobby Bonilla Day! ⚾💰⚾💰
Between us friends, tell me. What’s the biggest severance that you’ve ever paid to an underperforming employee? Continue reading
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