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The Employer Handbook Blog
Fact or Fiction: Denying a discretionary bonus may be discrimination?
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”
Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an unpaid suspension. (But, not a paid suspension). Really, it’s anything that “materially adverse” to one’s job.
Ok. Suppose an employer withholds a discretionary bonus. Could that be discriminatory?
Keep your insensitive FMLA comments to yourself. You too, HR.
I’ve heard the Family and Medical Leave Act referred to as the “Friday/Monday Leave Act.” Heck, I called it the Friday/Monday Leave Act last week. Turns out, I need to watch what I say.
“I was late for work because the universe told me to take the day off.”
According to a recent CareerBuilder survey, we’re fast approaching that time of year when employees call out sick the most. Most employees stay home when sickness strikes hardest: December (20%), January (15%) and February (14%). Continue reading
Meyer on how lawyers can effectively market themselves through social media
My kids know me as dad.
You folks; however, know me as a blogging all-star, one of the lawyers who’s killing it on Twitter, and an all around social-media dynamo.
*** you can stop clapping now ***
Attendance may be an essential job function under the ADA. But, how do you know?
The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters. There’s also a catchall: “other similar accommodations for individuals with disabilities.”
Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.
WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended.
Do you think that The Undertaker’s age motivated the WWE’s decision to script this loss — yes, sorry, it’s scripted? In that context, the notion of age discrimination seems silly. But, what about at work?
Where a 20-year employee with an exemplary record is suddenly fired…
Something wrong with a little bump n’ grind. Sexual harassment, perhaps.
Something else you may not know about me.
On Saturday evenings, I crash Bar Mitzvahs and hustle blackjack. And then I’m like…
But then, on Sunday, it’s back the Bloggerdome for a new post. For this one, let’s talk about R. Kelly a recent Fourth Circuit decision in which the appellate court recognized that a single incident — one touch — may create a hostile work environment.
A new FMLA resource you need to check out.
I’m feeling generous today. And that’s strange because usually I spend my Fridays dangling hundred dollar bills down to the street from a fishing pole in my office, trying to avoid the catch. But, the past few days changed my mindset.
You see, earlier in the week I was introduced to an in-house lawyer who was seeking information on the Family and Medical Leave Act. And, as it so happens, yesterday I received an email from a reader of the blog. Well, not just any reader. This email was from one of my best readers. And she just started a new FMLA blog called Matrix Radar: Adventures in Absence Management and Accommodation. The name alone sounds like something that would not only satisfy the needs of the biggest FMLA dork, but also supply me with the Director’s Cut of Neo and Trinity rescuing Morpheus.
Well, 50% ain’t bad. And I recommend that y’all check out Matrix Radar.
ADA and accommodating peanut allergies at work
Well, damn.
To those who you who receive my blog posts via email, I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox. I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer in the arid desert that is your mid-week slog. Again, I’m sorry. I’ll release the wrongdoers from the shackles in my basement do better.
But just to be safe, as a Versace belt to the Hermes suspenders, you may want to like The Employer Handbook on Facebook. Every post is shared there.
Now, back to employment law and what-not.