The Employer Handbook Blog

Employment at-will trumps the 2nd Amendment (Yes, you can fire the employee who shoots a gun at work)

June 4, 2014 | by Eric B. Meyer

In every one of the United States, except Montana, employment is at-will. This means that, absent a contract of employment for a specific period of time, you may fire an employee for any reason or no reason at all.

(Not to be confused with “right to work” — more on that here)

Well, I suppose that there are some exceptions. Like, you can’t discriminate. And many laws make it illegal to retaliate as well.

Dust off that resume when your students really “like” that Facebook post of your face on a beer label

June 3, 2014 | by Eric B. Meyer

Why, just last week, I was saying that the Facebook stupidity scale had shifted away from teachers in favor of bar/tavern staff.

I stand corrected.

For future reference, you can never go wrong with Vining the one-year-old slugger.

Just how badly did a federal appellate court trash extended leave as a reasonable accommodation?

June 2, 2014 | by Eric B. Meyer

I’m feeling rather charitable this evening as I punch out this post. Maybe it’s the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar).

Well, I’m not sure if “proud” really captures it.

(And before you call DYFS, that’s ~~sour mix~~ pineapple juice).

For the love of God, bar owners! Train your employees not to liken beer to domestic violence.

May 30, 2014 | by Eric B. Meyer

I used to say that teachers were the most irresponsible Facebook user group. Now, I’m leaning towards the bar and nightclub industry.

Last month, a worker at a downtown Philadelphia bar displayed a Heineken chalkboard with the message “I like my beer like I like my violence… domestic.” to attract customers.

But, instead of achieving its desired effect, a passerby tweeted the photo to a local news station and a major cluster of a poopstorm ensued, which culminated in the worker losing his job.

An ADA accommodation just has to be reasonable — not the employee’s first choice

May 29, 2014 | by Eric B. Meyer

This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple:

Everybody hits

Everybody (eventually) rounds the bases

Two more states just made it illegal for employers to demand social media passwords

May 28, 2014 | by Eric B. Meyer

Within the past week, two states have passed laws, which will provide employees with more workplace protections.

Truth be told, I wasn’t sure that the internet had yet arrived in either Oklahoma or Louisiana, the latter of which is still controlled by a French monarch, I’m fairly certain.

(But since Louisiana also has beignets and Mardi Gras, all is forgiven).

The Employment Law Blog Carnival: Small Business Edition #ELBC

May 27, 2014 | by Eric B. Meyer

I hope that you guys had a nice Memorial Day. Nothing like a good three-day weekend. Although, three of my four children didn’t seem to appreciate that most American businesses were closed for the holiday:

Sorry, kids.

Maybe, starting the workweek off with the Employment Law Blog Carnival: Small Business Edition over at the Employer’s Corner Blog will cheer them up.

Firing a sick employee just before she is FMLA-eligible is very risky

May 22, 2014 | by Eric B. Meyer

So, check this out.

I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November 17.

The company fired her on November 16.

How yesterday’s federal court strike of PA’s same-sex marriage ban affects employers

May 21, 2014 | by Eric B. Meyer

ICYMI, yesterday, the United States District Court for the Middle District of Pennsylvania ruled in this opinion that PA’s same-sex marriage ban is unconstitutional.

How fitting that the first gay couple in Philadelphia to obtain a marriage license was Kerry Smith and Rue Landau, who serves as the Executive Director of the Philadelphia Commission on Human Relations (PCHR). Congratulations, Rue and Kerry!

So, now that, for the time being, gay marriage is legal in the Keystone State, how does this impact local employers? Find out after the jump…

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Three employees fired for posing at work in KKK garb and makeshift crosses claim discrimination. Yep.

May 20, 2014 | by Eric B. Meyer

The thing about this law-blogging gig, other than the money, power and women, of course, is the pride of being first to post about a crazy new case.

Last week, I missed out on the nude sunbather who sued an elementary school-employer for retaliation. Well, Jon Hyman at the Ohio Employer’s Law Blog, I see your nude sunbather and raise you two white guys and a native american who dressed as klansmen at work, allowed themselves to be photographed, and then sued for race discrimination. Boom!

Yes, this really happened.