The Employer Handbook Blog

When sexting 64 times in 2 1/2 hours ISN’T sexual harassment

March 16, 2011 | by Eric B. Meyer

Beginning in October 2007, a doctor at a chiropractic practice repeatedly sent lewd and sexually offensive text messages at all hours of the day and night to his receptionist in which he requested sexual favors and made lewd comments such as:

“suck me beautiful,”
“I’m so @#$%^,”
“U want to fuck on my desk,”
“I want to fuck u do u want to? Let’s make it saucy,” and
“Come and suck it and I will feel better.”

The receptionist sued her employer for, among other things, sexual harassment…and lost!

Find out how, after the jump.

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Should job applicants be required to divulge Facebook passwords?

March 14, 2011 | by Eric B. Meyer

It seems like every ~~week~~ day that we read stories about employees who get disciplined for posting stupid sh*t online. Although no business is immune to stupid employee behavior, employers that implement social media policies can reduce the risk of online idiocy.

Still, I am often asked if employers should require job applicants to divulge internet passwords to facilitate background checks and to reduce the risk of hiring employees who misbehave online.

Good question. A discussion follows…after the jump.

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OMG! Chrysler’s Twitter account drops the F-Bomb

March 10, 2011 | by Eric B. Meyer

Companies have begun implementing social media policies to both educate employees and promote responsible online behavior. But what happens when the company messes up online by, oh, I dunno…

Find out, after the jump…

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Help Wanted: Must have #TigerBlood

March 8, 2011 | by Eric B. Meyer

Yesterday was a busy day for Charlie Sheen.

Warner Brothers officially fired Charlie Sheen from Two and a Half Men and #TeamSheen commenced its world search for the first #TigerBloodIntern. You can read the job listing here. What does it take to be a #TigerBloodIntern? #TigerBlood (of course). And you must be all about #Winning. The right candidate is expected to be “proactive, monitor the day-to-day activities on the major social media platforms, prepare for exciting online projects and increase Charlie’s base of followers.”

So what can employers learn from this?

Prepare for the new federal rules on public accommodations

March 7, 2011 | by Eric B. Meyer

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.

4 Free Social Media Q&A Sessions for Proactive Employers

March 3, 2011 | by Eric B. Meyer

On four Thursdays in March and April (3/17, 3/24, 3/31, 4/7), I am hosting a free breakfast in Philadelphia, PA for all of my readers. With your bagel and schmear, I throw in four all-star panels of lawyers and industry professionals who will offer up their social media best practices to both protect and enhance your business.

Imagine getting deep insight from a Fortune ~~500~~ 100 Labor and Employee Relations Strategist about how unions are using social media to organize your business.

Or how about some money-saving tips from the HR Director of a NASDAQ-traded company about how you can maximize your search for job candidates using social media?

U.S. Supreme Court green-lights even MORE discrimination claims

March 2, 2011 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg Just over a month ago, the Supreme Court unanimously 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 complains about unlawful harassment in the workplace.

Yesterday, in an opinion written by Justice Antonin Scalia, the Court in Staub v. Proctor Hospital once again unanimously made it easier for individuals to pursue discrimination claims against their current and former employers. You can read a copy of the Court’s opinion here.

My analysis and the immediate impact this opinion will have on employers after the jump.

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Unemployed applicant + no job offer = discrimination?!?

February 28, 2011 | by Eric B. Meyer

In a public meeting last week, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of employers considering only those currently employed for job vacancies.

Do those employers who won’t consider unemployed individuals for vacant positions engage in unlawful discrimination?

Find out, after the jump (or just watch my baby son dunk like Blake Griffin — slow to load, but worth the wait)…

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Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

Can an employee be fired for using medicinal marijuana?

February 22, 2011 | by Eric B. Meyer

“I know you don’t smoke weed, I know this; but I’m gonna get you high today, ’cause it’s Friday; you ain’t got no job… and you ain’t got sh*t to do.” – Smokey from Friday (1995).

Back in 1995, when Smokey was trying to convince his buddy Craig to get high, California had yet to decriminalize marijuana for medical use. Now, a number of states have legalized medical marijuana.

But what happens when medical marijuana use results in a positive drug test at work? Is the company allowed to fire that employee?

Find out, after the jump.

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