Articles Posted in Hiring & Firing

ADA accommodations don’t require eliminating essential job functions, like coming to work punctually.

December 12, 2019 | by Eric B. Meyer

Image Credit: https://freesvg.org/1550658029 (Public Domain)

Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may be in jeopardy.

But, let’s back up a sec, as I tell you the facts of this disability discrimination case I read last night. Continue reading

Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

December 4, 2019 | by Eric B. Meyer

Image by CMElixirs from Pixabay

With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. Continue reading

Can you fire a supervisor accused of sexual harassment without investigating first? Yep.

November 25, 2019 | by Eric B. Meyer

lifeguard-chair-at-indoor-pool-1562467653kPI-1024x768

Image Credit: https://www.publicdomainpictures.net/en/view-image.php?image=298867&picture=lifeguard-chair-at-indoor-pool

Today, I want to tell you about a lifeguard who worked for several years for an employer in Washington, DC.

This great federal court decision I read offers seven keys to a proper severance agreement

November 21, 2019 | by Eric B. Meyer

Image by Andreas Breitling from Pixabay

A lawyer claimed that his employer had discriminated against him based on his race, color, gender, and age, when it terminated his employment and filled a position nearly identical to that which he held prior to his termination with a younger, African-American woman. So he sued.

Oh, I forgot one important fact. By the time he sued, the lawyer-plaintiff had already signed a severance agreement and release (the “Release”). Continue reading

Can a company require new employees not to bash it on Glassdoor? Is that legal?

November 18, 2019 | by Eric B. Meyer

Glassdoor [Public domain], via Wikimedia Commons

Let’s find out. Continue reading

Holocaust denials — especially in email — generally don’t provide job security

November 4, 2019 | by Eric B. Meyer

Image by macdeedle from Pixabay

Here, I’ll prove it. Continue reading

Sexy Mister Rogers and the rest of your last-minute ‘what not to wear to work tomorrow’ checklist.

October 30, 2019 | by Eric B. Meyer

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

Yes, you can be fired for sharing Elmo poop memes. It’s another lesson on at-will employment.

October 28, 2019 | by Eric B. Meyer

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.

PODCAST: How to Treat Employees Like Humans – Even When You’re Firing Them

October 25, 2019 | by Eric B. Meyer

Image by Gerd Altmann from Pixabay

About a month ago, I shared a podcast from my FisherBroyles, LLP employment law partner, Jessica Brown Wilson, where she addressed how to create a sexual harassment policy.

Now, she’s back. Continue reading

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.