Author: Alabama Employment Law Letter

“There is no sin except stupidity”

by Donna Brooks We confess: In these days of dry Employee Retirement Income Security Act (ERISA) lawsuits, newspaper battles over immigration laws and school calendars, and court opinions focusing on sufficiency of evidence or burdens of proof, any day that we get to write an article about “sin” is a good day. While actual “sinning” […]

The proof is in the paper trail

by Julie A. Arbore One of the most effective ways an employer can shield itself from liability when faced with an allegation of discrimination is to be able to support the legitimacy of the challenged employment decision with documentation. While this advice may sound simple and obvious, all too often an employee’s personnel file fails […]

empty office

The importance of showing up

I was watching a movie recently in which the lead character was up for a prestigious award. While she was visiting an elderly shut-in, the subject of the award came up. The shut-in confidently stated that the woman deserved to win the award. But the nominee wasn’t certain she was worthy of such recognition, so […]

Making restrictive covenants enforceable

by Ralph N. Nero and Keri L. Bennett Many of our recent articles have focused on decisions involving employees’ breaches or threatened breaches of restrictive covenants. Including restrictive covenants, such as nonsolicitation and noncompetition covenants, into employment contracts is important for employers to protect their business interests. In order to be enforceable, however, such covenants […]

Going for Gold

In honor of the Olympics, I have decided to hand out some well deserved medals to our Dunder Mifflin friends for keeping us laughing all these seasons.  I’ll only be handing out gold medals, because that’s the only color on my yogurt lids and I have run out of paperclips for the chains.  Without further […]

Social media fame: harmless or damaging to employers?

Seen any viral videos lately? Maybe a more pertinent question is: Fired anyone over a viral video lately? Videos and other social media posts run the gamut from cute kittens to dancing wedding parties. Sometimes, though, they delve into more serious subjects and become statements on political and social issues — issues that can embarrass […]

Space: the final frontier

by Mark I. Schickman There have been many lawsuits limiting the introduction of religion into the workforce. Employees who insist on a God-given right to bash gays at the workplace are subject to termination ― despite their right to express their religious beliefs. An employee whose religion opposes taking orders from women will lose his […]

Putting the "me" in team

Putting the “me” in team

There is no “I” in team, but there is a “me.” How many times have you heard someone utter that phrase tongue-in-cheek? I’m sure it has been at least a time or two. Now think for a moment, have you ever worked with someone who really does put the “me” in team? My guess is […]

Breach of privacy rights: What’s it worth?

by Lorene Novakowski In a recent Alberta arbitration award, the arbitrator awarded damages to employees for a breach of their privacy rights, in the amount of $1,250 each. The grievance arose after the province of Alberta conducted background credit checks  without consent on 26 government employees. The employees worked in an area–maintenance enforcement–that gave them discretion in […]

Time to assess summer worker programs

As back to school time looms, employers may be assessing their experiences with summer workers — those brought in for seasonal work as well as college interns learning the ropes in their chosen profession. Now is a good time to examine which employer practices are sound and which ones may be iffy. Employers need to […]