Articles Posted in Hiring & Firing

I know when you can start filing EEO-1 Component 1 Data. Here’s a hint: 🎃🍬🍫

September 5, 2023 | by Eric B. Meyer

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Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data, including data by job category and sex and race or ethnicity, to the EEOC. Continue reading

Another employer learns the hard way that it’s better to hire slow and fire fast

September 1, 2023 | by Eric B. Meyer

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A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the employer, thus setting the stage for a jury trial on the plaintiff’s Americans with Disabilities Act (ADA) claims.

I’ll explain why. Continue reading

EEOC claims four HR employees facilitated two acts of disability bias against the same person

August 15, 2023 | by Eric B. Meyer

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The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both.

To the same individual. Continue reading

A new bill will greenlight federal employment for marijuana users

July 31, 2023 | by Eric B. Meyer

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Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC.

Between now and then, I’ll need to update my slide deck. Continue reading

Yes, you must comply with the Temporary Workers’ Bill of Rights in New Jersey

July 28, 2023 | by Eric B. Meyer

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In February 2023, the State of New Jersey enacted a law that a federal judge described as “novel and landmark legislation aimed at protecting a ‘particularly vulnerable’ workforce from abusive labor practices.” It’s called the Temporary Workers’ Bill of Rights. Continue reading

I found a case where an employee’s First Amendment rights were violated. Almost.

July 18, 2023 | by Eric B. Meyer

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Let’s change up the facts from yesterday’s “free speech” blog post. Continue reading

Wrongful termination? Freedom of speech? Bless her heart.

July 17, 2023 | by Eric B. Meyer

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Today I bring you another example of how an employee does not forego their freedom of speech when working for a private employer. But, employees who speak out are not immune from the consequences of their speech either.

In this case, racism.

Here’s an FMLA interference case that Cosmo Kramer from Seinfeld would appreciate

July 14, 2023 | by Eric B. Meyer

In early 2020, an employee at a global food supplier left work early with flu-like symptoms. That day she obtained a doctor’s note recommending that she “stay out of work for three days, from February 19-21, 2020.” The employee requested to have five days off to recuperate. However, the note said nothing about her inability to work beyond those three days. Her employer terminated her on February 21.

Have you ever had 65 employees seek FMLA at the same time with the same doctor’s notes?

June 23, 2023 | by Eric B. Meyer

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On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.

What would you do in that situation? 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.