The Employer Handbook Blog

Give me a D-I-S-C-R-I-M-I….(you get the point)

May 13, 2011 | by Eric B. Meyer

I had trouble sleeping last night.

If you read yesterday’s post, you know that when deciding between a post about an NFL cheerleader who was fired for risque pictures mailed to the Indianapolis Colts versus labor law and Twitter, I chose labor law and Twitter.

***stupid Twitter!***

I won’t make the same mistake twice. So, without further ado, I have the pictures federal-court complaint of the fired cheerleader and a brief rundown of her chances of success.

***Oh, Twitter. I can’t stay mad at you. I’ll give you a foot rub — right after I finish this can of Four Loko.***

Don’t judge me. Just skip past the jump. TGIF, yo.

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PROOF that a Twitter firing can withstand NLRB scrutiny. Read on…

May 12, 2011 | by Eric B. Meyer

I was considering three topics for today’s post:

A teacher who was fired for watching 67 seconds of pornography;
This smokin-hot cheerleader, fired for the NSFW-version of the photo on the right, who has filed a national-origin discrimination claim against the Indianapolis Colts; or
A National Labor Relations Board Advice Memorandum on employee use of Twitter in the workplace.

I went with No. 3. I stand by my decision.

Now, how do I erase my browser history?

While I figure that out, you hit jump for more on why the National Labor Relations Board found no unfair labor practice when: (a) a unionized newspaper company, (b) with no social media policy, (c) which encouraged its employees to use Twitter, fired a reporter based on a few tweets.

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Wage and hour claims made easier, thanks to an iPhone app

May 11, 2011 | by Eric B. Meyer

The U.S. Department of Labor has created apps to allow non-exempt employees to record their time on their iPhones and iPads.

For more on this app and how it may impact companies with hourly employees, read on past the jump.

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How long does an employee get to review a severance agreement?

May 10, 2011 | by Eric B. Meyer

If you guessed 15 minutes, you would be right, according to a recent decision from the Third Circuit Court of Appeals.

And you don’t need to point a gun at the employee’s head? A rusty fork in the doo-dads “knowing and intelligent” waiver based on a “totality of the circumstances” will suffice.

What are those circumstances? Find out after the jump.

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Baseball wants off-the-field conduct on the table in labor negotiations

May 9, 2011 | by Eric B. Meyer

Steroids are so 2010.

With high profile baseball players like Detroit’s Miguel Cabrera and Cleveland’s Shin-Soo Choo getting arrested this year for DUI, Major League Baseball aims to crack down on certain off-the-field conduct that could give the sport a black eye.

More on how this could factor into the upcoming collective bargaining agreement negotiations, after the jump.

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A rare, but important, employer NLRB victory

May 6, 2011 | by Eric B. Meyer

On April 29, a unanimous three-member panel (including Member Hayes) agreed to set aside the results of an election that the Service Employees International Union lost by a 131-82 vote.

How is that good news for employers? Find out, after the jump.

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Survey says: More people are going online to find work

May 5, 2011 | by Eric B. Meyer

More than a quarter of people surveyed from around the world are going online in their hunt for work, but many are growing nervous about the potential career fallout from personal content on social networking sites, according to a recent survey.

Highlights of this report after the jump…

What’s up, Doc? Fired for posting patient pics on Facebook

May 4, 2011 | by Eric B. Meyer

Earlier this week, I wrote about a nurse who was fired and denied unemployment compensation benefits because, instead of medicating a patient, she was busy posting Facebook updates about a colleague who had soiled herself.

Oy!

But that’s nothing compared to the New England emergency room doctor who was fired for posting pictures of a patient on her Facebook page.

When will people every learn? More about the Facebooking doc and some tips for employers to avoid messes like these after the jump…

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Can DE employees access their personnel files upon request?

May 3, 2011 | by Eric B. Meyer

In keeping with The Employer Handbook tradition (and so as not to reverse any good black and gold mojo), once again, I will follow a Bruins OT playoff win…

(cue the music…)

…with a look at an employee’s right to review his/her personnel file. Last week, we explored whether Pennsylvania businesses must cede to an employee request to review his/her personnel file.

After the jump, same question, different state: Delaware.

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No unemployment benefits for woman fired for Facebooking at work

May 2, 2011 | by Eric B. Meyer

If you read this blog (or just about any other labor and employment law blog), you know that social media policies have fallen under recent heightened scrutiny because of the chilling effect they could have on employees discussing terms and conditions of employment (e.g., wages, hours, etc.) with each other online. Where there is no controversy, however, is that companies may discipline employees who shirk their job responsibilities and goof of online — especially while on the clock.

After the jump, it’s a decision from the Commonwealth Court of Pennsylvania denying unemployment compensation benefits to a nurse who was fired for using Facebook at work while she should have been medicating patients.

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