It’s the age old tale.

Like a couple of sexting rabbits, a female employee and her male supervisor carrying on like, well, a pair of sexting rabbits. And, then, after the defendant-company fires the plaintiff-employee, she sues and claims that she was subjected to quid pro quo sexual harassment.

So, could it have gotten to the point that unwelcomed sexting became a required term or condition of the plaintiff’s employment?

Continue reading

Verkehrsunfall1.jpg

What happens when a registered nurse, who takes intermittent FMLA leave for her migraine headaches, has a such a bad one that it causes her to fall asleep at work? Can the company fire her? Will that violate the FMLA? Who wins this head-on collision?

Will Eric stop asking questions, and just answer them already?

Continue reading

Panthers. Broncos. Meh.

Doritos won the Super Bowl, amirite?

But, for the 10% of your workforce that may be missing work today, you’ll have to wait until tomorrow to get their opinions on the Super Bowl commercials. Many of those employees told you in advance that today would be a day off. But, what will you do about the others who don’t show up for work?

Continue reading

Help Wanted?

On Monday, one of my favorite HR bloggers, Suzanne Lucas a/k/a The Evil HR Lady, addressed (here) a reader question about whether a company can legally prohibit an employee from seeking other employment while on leave covered under the Family and Medical Leave Act.

As part of her post, Her Evilness asked for others to weigh in on the subject. ABA Journal Blawg 100 Hall of Famer, Jon Hyman, answered the call on his blog post yesterday. Jon concluded that the legal answer depends upon the scope of the policy.

Continue reading

Pappers.jpgThe list of employees who have lost their jobs because of social media mistakes, well, it’s long. I’ll get you started here and here and here.

Whether it’s on or off the clock, being outspoken — to put it mildly — on social media, doesn’t end well often. But, most social media missteps that I read and blog about involve conscious decisions by employee to do dumb stuff on social media.

Except…

Continue reading

 

When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully?

If it’s been a while (or, maybe, I dunno, forever), have I got a case for you!

Continue reading

See No Evil, Hear No Evil, Speak No Evil

Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor Standards Act requires that you pay that employee overtime. (However, you can discipline that employee for violating your work rules).

But what happens if that same employee works overtime without prior permission and fails to report those hours. Must you still pay that employee overtime?

Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information