The Employer Handbook Blog
Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. Continue reading
Articles Posted in Third Circuit Employment Law 101
What REALLY happens when an employee doesn’t return completed FMLA paperwork?
medical form by Linseed Studio from the Noun Project
I think we all need a break from the COVID-19 vaccination posts. So, let’s address your second-favorite HR topic: FMLA leave administration!!!
Hey, put down that bottle! It’s only 8 am. Continue reading
Does federal law forbid discrimination based on interracial relationships? Two courts disagree.
Image Credit: MaxPixel.net
A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.
Is this retaliation? Continue reading
That time when all the employment lawyers got paid and the litigants got zilch!
Image by Clker-Free-Vector-Images from Pixabay
Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Continue reading
Get your damn story straight if you’re going to fire someone who just returned from medical leave.
Image by DigitalShards from Pixabay
I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).
The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.
Almost. Continue reading
How many of you would risk the retaliation claim here? (I would)
Image by Clker-Free-Vector-Images from Pixabay
You’ve been here before.
One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.
Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading
When do (or don’t) Facebook posts create a hostile work environment?
By Nut-hardware.jpg: Muke derivative work: Xoristzatziki (talk) – Nut-hardware.jpg, Public Domain, Link
I can tell you this. It takes more than a few posts from a couple of ‘Wingnuts.’
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
Discrimination 101
Ischa1, Helder [Public domain], via Wikimedia Commons
And I suppose that was a bit of a misnomer because there’s more to it. So, let’s talk about that today.
Hey Eric! Can I spy on my former employee’s Facebook messenger account?
Image Credit: Pexels.com (https://www.pexels.com/photo/facebook-glasses-privacy-privacy-policy-267372/)
Asking for a friend, of course. Continue reading