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The Employer Handbook BlogAre you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading
Articles Posted in Third Circuit Employment Law 101
How does an employee go from “promotable” to “expandable” to plaintiff claiming gender bias?
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. Continue reading
Not all discrimination lawsuits against airlines are worth $5M.
This one (unlike that one) wasn’t even worth five cents. Continue reading
If a cyber-attack at work creates imminent risk of identity theft or fraud, your employees can sue you!
Think of all the personal, sensitive information that an individual shares with you just to have the opportunity to earn a living as an employee of your company. Continue reading
How did a plaintiff with no lawyer convince a federal appellate court that he had a viable FMLA claim?
The surprise will quickly disappear once I share the facts from this recent Third Circuit decision. Continue reading
If hiring managers say they are looking for “new blood,” are they guilty of age discrimination?
An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department.
Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the HRTC role.
Is that code for age discrimination?
This may become the biggest employment law decision of 2023
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
Here’s another reason why enforcing a non-compete can be so darn expensive
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
Is lower co-worker morale reason enough to deny a religious accommodation?
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
Don’t ruin your arbitration agreements by doing this…
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