Author: Virginia Employment Law Letter

E-mail: What to Keep, What to Toss

by Michael E. Barnsback Local, state, and federal laws, rules, and regulations impose record-retention obligations on all employers. In the employment context, you have to retain employee hiring and termination records, payroll and benefits records, wage and hour records, immigration records (Form I-9), Occupational Safety and Health Act (OSHA) records, Health Insurance Portability and Accountability […]

Business School Revisited

Litigation Value: 33 million???? Typically, the workplace is not an appropriate location to practice “creative discipline.” Such “creativity” can be, and often is, misconstrued. Take, for example, Ryan. Michael was retaliating against him for making disparaging remarks about the company. Probably not illegal but easily could have been had Ryan engaged in an activity protected […]

What Physics and History Can Teach HR about Hiring and Firing

by Boyd Byers In physics, chaos theory is the concept that systems rely on an underlying order and are sensitive to initial conditions. As a result of this sensitivity, a small error or imprecision in the initial conditions grows at an enormous rate over time. Thus, two nearly identical sets of initial conditions applied to […]

Employers Bear Brunt of Proof in USERRA Cases

The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]

Phyllis’ Wedding

As I said before, being a jerk isn’t illegal.  Typically.  And Michael’s conduct, although extremely self-centered and rude, probably does not violate anything more than the accepted standards of conduct in polite society.  But rude conduct at work can be more problematic.  At least according to a recent case from the Delaware Supreme Court. Recently, the […]

Handling Employees Summoned for Jury Duty

John, a regular full-time employee of BigCo, received a jury summons from federal court. Upon learning he had to appear for jury duty, he called Jamie, BigCo’s human resources representative, to find out what he needed to do. Jamie told him that he needed to take personal leave for his absence. After hearing John complaining, […]

Ben Franklin

LITIGATION VALUE: $800,000+ If an executive learns that a regional manager has sponsored a bachelor party in the warehouse, hired a stripper, offered to “deflower” the bride, taken an employee to a sex store, received a lap dance, and allowed a pervert dressed up like Benjamin Franklin to make a lewd statement to the receptionist, […]

To Create a More Civil Workplace

by Mark I. Schickman Robert Sutton is a professor at the Stanford School of Engineering and the founder and codirector of Stanford’s Center for Work, Technology and Organization. He wrote a Harvard Business School article, which was then transformed into the best-selling book The No Asshole Rule: Building a Civilized Workplace and Surviving One That […]

Back From Vacation

LITIGATION VALUE: $150,000 I empathize with Michael. There is nothing worse than the sinking feeling in the pit of your stomach when you realize that you just accidentally forwarded that witty e-mail (which you worked on all morning) mocking your boss’s bad suits and strange habits to your boss, herself, rather than to your clever […]

Are You Flunking Performance Evaluations 101?

As HR professionals, you might sometimes find it’s easy to take parts of your job for granted — completing I-9 forms, signing employees up for health insurance, and overseeing annual performance evaluations. Unlike routine paperwork, however, performance evaluations are an important part of effective management and can be critical in defending against employment litigation. And […]