The Employer Handbook Blog

Yes, what you say on Facebook can cost you a job offer

October 30, 2014 | by Eric B. Meyer

Even the National Labor Relations Board agrees.

Case in point, two people (Moore and Callaghan) who worked at a teen center during the 2011-2012 school year were sent re-hire letters for the 2012-2013 school year. After the school sent out the re-hire letters, it learned of a Shakespearean Facebook exchange between Moore and Callahan which included the following:

“I don’t want to ask permission . . .”; “Let’s do some cool shit, and let them figure out the money”; “field trips all the time to wherever the fuck we want!”; “play music loud”; “teach the kids how to graffiti up the walls . . .”; “we’ll take advantage”; “I AINT GOBE NEVER BE THERE”; “they start loosn kids i aint helpn”; “Let’s fuck it up”.

HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent

October 29, 2014 | by Eric B. Meyer

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola.

As an employer, what are your obligations? What workplace laws are implicated?

And, of course, because half of you are thinking it, can you just fire her?

Because this post has nothing to do with clicks or SEO — nothing whatsoever — click through for the answers…

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Tweet today with the EEOC about the Americans with Disabilities Act #EEOC4NDEAM

October 28, 2014 | by Eric B. Meyer

I’ll be at the SHRM Lehigh Valley Annual Conference today presenting “What’s Hot at the EEOC…and How to Avoid Getting Burned!” with the EEOC’s Mary Tiernan.

If you’re at the conference, stop by ~~with pizza and beer~~ and say hello with pizza and beer.

However, if you can’t make it, ~~Domino’s delivers~~, and you still want to get your Equal Employment Opportunity learn on, then there’s this from the from the EEOC:

Social media blunders cost a chef and a chief their jobs

October 27, 2014 | by Eric B. Meyer

After the jump, more proof that both entry-level employees and C-Suite executives can do dumb stuff and receive the Vince McMahon treatment…

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Think an employee is faking sick? Check social media.

October 24, 2014 | by Eric B. Meyer

It’s that time of year again. Open enrollment, flu shots, and CareerBuilder.com’s list of the most creative excuses for missing work.

But before I get to that, how about some missed-work statistics based on responses from 2,203 hiring managers and human resource professionals, and 3,103 U.S. workers (employed full-time, not self-employed, non-government).

28% of employees have called in to work sick when they were feeling well

Court gives cold shoulder to frostbite as an ADA disability

October 23, 2014 | by Eric B. Meyer

See that lede right there! That’s journalism, baby!

After the jump, let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act.

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The employer who wanted to “bring color” into the workplace; brought lot$a green to the plaintiff instead

October 22, 2014 | by Eric B. Meyer

I’m talking about a $620,000 jury verdict and nearly $165,000 in attorney’s fees.

Let’s discuss reverse-race discrimination after the jump…

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Is it legal for the EEOC to send 1,330 emails to your employees at work?

October 21, 2014 | by Eric B. Meyer

Back in 2013, the United States Equal Employment Opportunity Commission began investigating Case New Holland, Inc. for age discrimination, or so a complaint that Case New Holland recently filed in federal court alleges.

So, how is this news? Let alone blog news, which is hardly news at all. I should know. I publish this drivel. And I don’t get paid for it. Which makes this the worst kind of drivel.

Anyway, apparently, the EEOC sent 1,330 emails to Case New Holland email addresses trolling for potential class-action plaintiffs — or so the Case New Holland complaint alleges. And by sending those emails, the EEOC violated the Administrative Procedure Act, and the Fourth and Fifth Amendments of the United States Constitution — or so Case New Holland alleges.

You’d think emailing FMLA paperwork would be ok. Yeah, you’d think that.

October 20, 2014 | by Eric B. Meyer

Remember, over the Summer, when I blogged about how sending FMLA paperwork to an employee via first class mail is a big mistake.

Why? Because if the employee claims not to have received the paperwork, then you have no proof of delivery, and possible FMLA interference issues if the employee is somehow precluded from taking FMLA leave.

So, I offered three alternatives:

The one thing HR can’t afford to do if an employee reports a noose

October 17, 2014 | by Eric B. Meyer

One employer appears to have screwed up royally. Click through to find out how.

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