Image Credit: Photofunia.com
After a ten-day vacation trip with my family (IYKYK) onboard the S.S. Blog Cruiser Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it.
Today, let’s play some tunes as we gaze into the crystal ball and predict what could be the biggest employment law decision of 2023. Continue reading
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee’s sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship.
An “undue hardship” results in more than a de minimis cost to the employer. Objectively, paying more overtime is one example.
But what about when accommodating one employee lowers morale for others? Does that create undue hardship? Continue reading
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
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
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
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
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
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
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.’
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