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72 police officers in trouble over offensive Facebook posts is your wake-up call to reeducate employees about responsible social media.

By Zuzu – Own work, CC BY-SA 3.0, Link
I’m typing this post in Las Vegas at the 2019 SHRM Annual Conference and Exposition. Several years ago, the intersection employee use of social media and HR compliance spawned several sessions on the topic. I should know; I delivered many of them.
In 2019 however, that topic seems played out.
But, make no mistake about it, employee abuse of social media is still a big problem for many workplaces in the United States. Continue reading
You can’t fire an employee while on FMLA leave. Except when you can.

Image Credit: Pixabay.com
Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.
An employee fired while on FMLA leave is usually a recipe for trouble for the employer.
But not this time. Continue reading
How in the world did a DEAD person get suspended for racist behavior?!?
Uncredited [Public domain], via Wikimedia Commons
285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.
Lorimar Productions/NBC [Public domain], via Wikimedia Commons
Some may even consider Sybil to be ‘crazy.’
Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading
Does your company use no-hire agreements? Better call a lawyer. Maybe a criminal lawyer.

Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/)
In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them.
But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not to hire the others’ employees during their business relationship and for some time after it ends?
That must be legal too, right?
Probably not. Continue reading
The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website))
On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve.
This is not most days.
Are you confident — “defending-a-class-action-lawsuit” confident — that you’re protecting electronic employee data?
jaydeep_ [CC0 or CC0], via Wikimedia Commons
Unfortunately, if you came here looking for links to big savings, I can’t help you. But, what I can do for you on this Cyber Monday is offer your business some different cyber tips. It’s the type of information that could save you thousands, or even millions of dollars if your business stores employee data electronically. Continue reading
Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.
Public Domain, Link
It’s right there in the statute.
Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity.
Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.
“Speak, English, Eric!”
LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading
Which law firms would I recommend that you use to sue your employer?
I’ll wait patiently while you pick your jaws up off the floor.
I want some of what you’re having, Eric. Have you lost your freaking mind, Eric?
Nope, I’m good. Continue reading
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