The Employer Handbook Blog

Employee claims discrimination, then her friend gets fired. Is that retaliation?

February 5, 2014 | by Eric B. Meyer

Back in January 2011, when I had only one child and an Aston Martin savings fund, the U.S. Supreme Court decided Thompson v. North American Stainless, LP. In that case, the Court held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who files a Charge of Discrimination with the United States Equal Employment Opportunity Commission.

In Thompson, a company received an EEOC Charge of Discrimination and allegedly fired the employee’s fiancé in response. The Supreme Court held that, if true, this set of fact would amount to retaliation.

Now, fast forward to 2014. I have four children, I’m two Happy Meals away from declaring bankruptcy, and, last night, I dined on the leftover ketchup packets.

Husband’s “kill list” is your green light to fire an employee on FMLA

February 4, 2014 | by Eric B. Meyer

Take it from your ol’ buddy Eric.

Let’s say that your employee is on FMLA…

And let’s say that, while your employee is on FMLA, you learn that her husband is involved in a motorcycle gang…

GUEST POST: Six Tips for Employers Filing for an H-1B Visa

February 3, 2014 | by Eric B. Meyer

Notwithstanding the lopsided outcome in last night’s game — I’m not saying that the game was over early, but, at halftime, the NFL began preparing their shipments of “Denver Broncos: Super Bowl 48 Champs” apparel to third-world countries — I’m bailing on writing a post. So, today we have a guest blog post at The Employer Handbook. It’s from the folks at Intervisa.

(Want to guest blog on an employment-law topic at The Employer Handbook? Email me).

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The hella-worst job interview blunders evah!

January 31, 2014 | by Eric B. Meyer

I heard this story once about a law-school graduate who was looking for his first job out of school. He applied to several local Philadelphia-area law firms, and ultimately received an interview from one of them.

The job interview was with two seasoned partners.

According to this recent Career Builder press release, when it comes to a job interview, the first few minutes may be the most crucial. Nearly half (49 percent) of employers know within the first five minutes of an interview whether a candidate is a good or bad fit for the position, and 87 percent know within the first 15 minutes.

Employee’s sexual harassment claims advance to trial because boobs

January 30, 2014 | by Eric B. Meyer

Recently, I’ve focused blog posts on some quirky cases that make you think a bit. Yesterday, was the FMLA in Vegas case. Last week, was the EMT who argued that getting fired for groping a co-worker was discriminatory in light of his employer’s decision not fire an employee who hit a patient.

Today is not one of those cases.

This one is some OG sexual harassment.

What happens in Vegas, becomes an FMLA claim. Really.

January 29, 2014 | by Eric B. Meyer

Back in 2012, I blogged here about an employee who took her mother to Las Vegas on a vacation. The two ladies spent time playing slots, shopping on the Strip, people-watching, and dining at restaurants. The mother had terminal cancer, but had no specific plans to seek medical treatment in Las Vegas and was never hospitalized or treated by a physician.

When the employee returned to work, she soon became a former employee, immediately terminated for what her employer determined to be unauthorized absences.

The employee then sued for violations of the Family and Medical Leave Act.

The Supreme Court on FLSA, donning, doffing, and Daft Punk!

January 28, 2014 | by Eric B. Meyer

If there’s one thing I know from my blog stats, it’s that no one clicks on my posts about ~~you’ll never believe what Justin Bieber did now!~~ the Fair Labor Standards Act.

If there was only some way that I could jazz them up to attract readers.~~Miley Cyrus is engaged to who?~~

Maybe the facts of yesterday’s U.S. Supreme Court decision discussing ~~Kim Kardashian’s latest piercing~~ FLSA “donning and doffing” are sexy enough on their own.

FACT OR FICTION: A temporary disability may be an ADA disability

January 27, 2014 | by Eric B. Meyer

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.”

Let’s assume that your employee breaks his leg. Doctors tell your employee that he won’t walk normally for seven months. Without surgery, bed rest, pain medication, and physical therapy, he “likely” won’t be able to walk for more than a year after the accident.

Bottom line: The employee will heal, but it will take some time.

NJ now bans discrimination based on pregnancy, childbirth or related medical conditions

January 24, 2014 | by Eric B. Meyer

Thumbnail image for nj.jpg I blogged about it here back in October. ~~My epic Lil’ Za Halloween costume~~. Both the NJ House and Senate had proposed legislation whereby a female employee affected by pregnancy could not be treated worse than other non-pregnant co-workers, but similar in their ability or inability to work.

Well, now, it’s the law, son! Under the new law, which Governor Chris Christie (R) signed on Tuesday, employers must provide reasonable accommodation to pregnant employees that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth. Examples include bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring or modified work schedules, and temporary transfers to less strenuous or hazardous work. An employer can avoid accommodation if it can establish that doing so would cause it undue hardship.

The new law takes effect immediately.