Articles Posted in Hiring & Firing

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What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash?

In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he was suspended, ordered to attend anti-discrimination training, and eventually fired.

He claimed the First Amendment protected him. A federal appeals court disagreed. And while the decision binds only public employers, the lessons extend well into the private sector. Continue reading

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A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. Continue reading

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Some lawsuits simmer before they boil. This one arrived preheated—with a racist meme, a televangelist plaintiff, and a CEO who mocked him as “Tattoo,” texted a blackface-style image, and said, “Well if I’m your pimp where’s my money? Bring me my money!” When the plaintiff objected, the threats started. The judge didn’t laugh. Now a jury will decide whether this crossed the line from offensive to unlawful. Continue reading

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Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are increasingly skeptical—especially when the restrictions go further than necessary. Continue reading

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It’s here.

As of June 1, 2025, employers with operations or applicants in New Jersey must comply with the New Jersey Pay and Benefit Transparency Act. This new law requires upfront pay transparency in job postings and mandates internal notice of most promotions. It applies more broadly than you might think—and failing to comply could cost you. Continue reading

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Fired Over $15. Or Was It the HR Complaints?

A laundromat worker reimbursed herself $15 from the register for a taxi fare—something she claimed was standard practice with a receipt. Three days later, she was fired. But because she had just complained about racial harassment, disability discrimination, and unpaid wages, the timing raised red flags.

The Second Circuit said a jury should decide whether she was fired for taking the $15—or for speaking up. Continue reading

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