Tag: Employment law

Diwali

LITIGATION VALUE: $350,000 My grandmother always said that the road to hell is paved with good intentions. I never knew exactly what she meant. Until now. Michael’s diversity training, well intentioned as it may have been, provides ample evidence of discriminatory bias against employees of Indian descent in general and of Kelly in particular. Indeed, […]

Grief Counseling

LITIGATION VALUE: Nominal An employer can do many things to assist employees in coping with grief, but requiring them to attend a bird funeral in the parking lot is not one of them. Also, as a general rule, regional managers shouldn’t be soft shoulders for their subordinates. Certainly, they shouldn’t have a meeting asking employees […]

The Coup

LITIGATION VALUE: $65,000 Somehow I don’t think that having Dwight stand on his desk with the word “liar” hanging from his neck is exactly what Jan meant when she told Michael to get control of his branch. Nevertheless, while Michael’s reaction was extreme, it will probably not expose the company to significant legal liability. Being […]

The Convention

LITIGATION VALUE: Nominal (but only because Michael’s party was a flop) Unfortunately for employers, what happens in Vegas does not always stay in Vegas. As a result, employers are increasingly faced with liability for their employees’ “booze-fueled sex romps,” as Michael so elegantly put it. Maybe it’s the exotic locale, or maybe it’s the free […]

Gay Witch Hunt

LITIGATION VALUE: $0.00 to $450,000+ (depending on which state you are in) Overall, I’d say that Oscar has a good (read “expensive”) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, […]

How the Newest Supreme Court Justice – Samuel Alito – Thinks

In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals  in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]

Are Your Employees Dressed for Work or the Beach

Are Your Employees Dressed for Work or the Beach?

by Jeff Nolan There were times over the past few weeks when I might have been tempted to show up for work wearing shorts and a T-shirt, but fortunately, that temptation was quashed by our firm’s “personal appearance” policy! Does summer weather encourage some employees to push the limits in your workplace? Do you have […]