Tag: Employment law

Product Recall Revisited

Remember when I said that being a jerk wasn’t illegal? Well, that may change. According to an article in the L.A. Times, legislatures in New Jersey, New York, Vermont and Washington are considering bills which would give employees the right to seek damages if their employer creates an “abusive work environment.” I’m not really sure […]

Corporate Communication 1, 2, 3

by Michael P. Maslanka I spend a lot of time thinking about corporate communication, both internal and external. And here is a bold statement: There is nothing more important. Work gets performed, sales are made, and brands are created, all through communication. Here are some keys. Basic Training for Supervisors Say first what it’s not […]

The Negotiation Revisited

Litigation Value: $350,000 Employers who fail to fire employees who tape pepper spray canisters, nunchucks, and throwing stars to the bottom of their desks are playing with fire. Expensive fire. Sure, Roy started it, and I’m glad Dunder Mifflin fired him. But what about Dwight? After all, the man kept weapons at work for God […]

What Employers Should and Shouldn’t Keep in Employees’ Personnel Files

Labor and employment law attorneys get a lot of questions from employers about personnel files. The most frequently asked question is, “What should I include, and who gets to see them?” Read on as we attempt to sort out some of those questions. HR Guide to Employment Law: A practical compliance reference manual covering 14 […]

Race Discrimination Claims Tossed Despite Offensive Conduct

Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]

Cocktails Revisited

Litigation Value: $75,000 (I’m sticking with my earlier assessment) A number of people have asked me whether Jan could really be fired for dating Michael. My answer? Probably. Well, at least in most states. Employers can, and often do, implement policies prohibiting their employees from engaging in romantic relationships with co-workers and, certainly, with subordinates. […]

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, […]