Hiring & Firing

Arbitration agreement tips for PA employers from the 3rd Circuit

March 15, 2012 | by Eric B. Meyer

Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all.

Some PA companies require their new hires to sign an agreement requiring them to arbitrate any claims that arise out of the employment relationship. The U.S. Supreme Court has held that agreements requiring employees to arbitrate employment-related claims are ok. However, in Pennsylvania (as in other states), when those agreements are too one-sided, courts deem them unconscionable and, therefore, unenforceable.

So remember, pigs get fed; hogs get slaughtered. And thanks to a decision the Third Circuit Court of Appeals handed down yesterday, PA employers now have a better blueprint as to how to avoid unconscionable arbitration agreements. Details after the jump…

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Flyer claims Chick-Fil-A asks potential hires about sexual history

March 13, 2012 | by Eric B. Meyer

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to “glorify God by being a faithful steward of all that is entrusted to us,” responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people “like” Chick-fil-A) that the flyer and video were BS. Given the company’s religious leanings, the comments beneath Chick-Fil-A’s status update are rather polarizing.

Here’s a tip. Don’t post Peyton Manning’s dinner bill on the ‘net.

March 12, 2012 | by Eric B. Meyer

Because it’ll cost you your job.

Dale Gibson of The Triangle Business Journal reports here that a waiter at The Angus Barn in Raleigh, NC posted on the internet a copy of Peyton Manning’s credit card receipt from a recent dinner there. Manning may not have a job, but he tips like a boss! Not like Mr. Pink. (Go to YouTube and search for “Reservoir Dogs – Tipping Scene” — you’ll find a number of hysterical, albeit completely NSFW videos about tipping etiquette).

Good luck overcoming the at-will employment presumption in PA

February 2, 2012 | by Eric B. Meyer

In Pennsylvania, as in most states, an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.

How hard is it to overcome the at-will employment presumption? Pretty darn hard, as the Third Circuit Court of Appeals reminded us last week. More on this decision and some tips for employers after the jump…

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10 of most common interview questions…and 5 of the crazaziest!

January 6, 2012 | by Eric B. Meyer

Recently, Glassdoor.com poured through thousands of interview questions and posted 50 that come up more often than not.

Here are the Top 10:

3 tips to guide a social-media check on your potential new hire

November 29, 2011 | by Eric B. Meyer

According to this recent SHRM survey, only 18% of companies have used social media to screen job candidates. Most cite the legal risks of screening candidates as the reason for not implementing a social-media background check.

While a social-media background check may not be useful in certain instances, I can imagine many situations in which a company would benefit from checking up on candidates online before filling a job opening. Heck, consider that 89% of employers plan to use social media for recruiting this year.

Have I piqued your interest? After the jump, I’ll offer some suggestions about how your company can safely run a social-media background check…

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Top 5 Reasons Employers Give Their Employees the Boot

November 17, 2011 | by Eric B. Meyer

I’m in Las Vegas.

So, for today, Jane Smith has control of the The Employer handbook. Jane is a freelance writer and blogger. She writes about free background checks for Backgroundcheck.org. After the jump, check out her top 5 reasons employers give employees the boot. Questions and comments can be sent to: janesmth161@gmail.com

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POLL: Would you fire this employee for her Facebook comments?

November 16, 2011 | by Eric B. Meyer

I read this on ZDnet yesterday:

Administrative Law Judge Ellen Bass has ruled Jennifer O’Brien, a first-grade teacher at School 21 in Paterson, New Jersey, should lose her tenured job, because of a Facebook comment she made about her students. O’Brien has been on administrative leave since March, which is when she posted her status update saying “I’m not a teacher — I’m a warden for future criminals!” She claimed she wrote it out of exasperation after several students disrupted her lessons, one pupil hit her, and another stole money from her.

Bass said O’Brien “demonstrated a complete lack of sensitivity to the world in which her students live” and called her conduct “inexcusable.”

This employee used a friggin’ marching band to quit his job!!!

October 28, 2011 | by Eric B. Meyer

This has been an intense week here at The Employer Handbook. What, with Monday’s post on taking the “sex” out of sexual harassment, followed up on Tuesday with the 15 craziest excuses employees have for missing work. You guys seemed to like that one a lot. Then there was the post on an old guy claiming that an older judge is too out of it to rule on the old guy’s age discrimination claims. I-ro-ny! And to the three of you who read my post yesterday about the enforceability of arbitration agreements, thank you.

Hard-hitting stuff, no doubt. But, let’s kick it up a notch! *** Writes royalty check to Emerill *** I’m going to save the news on a new 90,000-plaintiff Wal-Mart class-action lawsuit for next week. Instead, for your end-of-the-week viewing pleasure, meet Joey. Who’s Joey? Well, remember the young woman who, last year, in a series of 34 pictures, quit her job? She’s got nothin’ on Joey. In August, Joey quit his job at a hotel using a marching band. A MARCHING BAND!

https://www.youtube.com/watch?v=9A4UGtM4hDQ

Remember this? The most unique way to quit your job.

October 14, 2011 | by Eric B. Meyer

I get 15 16 minutes of fame.

Earlier this week, one of my readers forwarded an email to me reminding me about the young woman above who, last year, in a series of 34 pictures, told her employer to take her job and shove it.

Nice! Although I’m not sure that it is better than this absolutely epic letter from the Cleveland Browns to one of their disgruntled fans.