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terminated

Theft was Gross Misconduct, but Inconsistencies May Make COBRA Ineligibility Less Clear

When an employee is terminated due to “gross misconduct,” the termination is not considered a qualifying event, and an employer does not have to offer Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to the ex-employee (or his or her covered spouse or dependents). Neither the statute, legislative history, nor regulations specifically define the term “gross […]

discrimination

‘But No One Got Hurt!’ Is No Defense to Race Discrimination Claims

A number of court cases have illustrated how employers can find themselves in trouble for comments written via email by managers or other decision-makers that indicate an employee’s protected status (e.g., sex, race, age, or taking qualified leave) played a role in the decision to fire them.  But here we present a unique scenario that […]

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Promoting from within? Take care to ease transition for new supervisors

It may seem a no-brainer for an employer looking to fill a supervisory position to offer the job to one of the nonsupervisory stars in the organization. Promoting from within can be a smart choice for many reasons, but the transition from underling to supervisor also can be problematic if management doesn’t take steps to […]

Why Should Employers Support Moonlighting?

With the growth of the gig economy, more and more employers find themselves with employees who have another job on the side. This might be a part-time job, or it might be a side gig or “side hustle” as it’s sometimes called. For example, perhaps some of your employees also drive for Uber or Lyft, […]

Most Employers Use Social Media to Screen Candidates

Before posting pictures of your late-night revelry or complaints about your job on social media, think again—70% of employers use social media to screen candidates before hiring, up significantly from 60% last year and 11% in 2006.

What Happens When Recruiters Get It Wrong?

One common challenge in finding and hiring the best talent is the disconnect between hiring managers and recruiters, which can lead to pricey errors. The U.S. Department of Labor estimates the cost of a bad hire at 30 percent of an employee’s first year earnings. With that type of money on the line, hiring managers […]

Sexual Orientation

DOJ Says Title VII Doesn’t Apply to Sexual Orientation Discrimination

The Department of Justice (DOJ) has filed an amicus brief in the case of an employee who claimed his employer violated Title VII of the Civil Rights Act when it discriminated against him on the basis of his sexual orientation.  The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend to […]

DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]