Eric B. Meyer

Eric B. Meyer is a partner in the Labor and Employment Group of the Philadelphia-based law firm of Dilworth Paxson LLP . He dedicates his practice to litigating and assisting employers on labor and employment issues affecting the workplace, including collective bargaining, discrimination, employee handbook policies, enforcement of restrictive covenants, and trade secret protection. Eric also serves as a volunteer mediator for the United States Equal Employment Opportunity Commission. Contact him at emeyer@dilworthlaw.com .

Articles by Eric B. Meyer

HR News & Trends, Legal Issues

Employee Fired After Making Threats of Violence on Facebook

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By Eric B. Meyer

Earlier this week I addressed how what an employee says on Facebook can mean losing a job offer.

In that case, the National Labor Relations Board determined that insubordination on Facebook is still insubordination and, thus, grounds for termination.

Well, threats of violence on Facebook are grounds for termination, too. Read more…

HR News & Trends, Legal Issues

What Do You Do When an Employee Says They’re Quarantined With Ebola?

Time-Magazine-Stopping-Ebola

By Eric B. Meyer

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted from an Ebola quarantine tent to alert you that she will be out of work for 21 days while under observation for Ebola.

As an employer, what are your obligations? What workplace laws are implicated?

And of course, because half of you are thinking it, can you just fire her? Read more…

HR News & Trends, Legal Issues

A Social Media Blunder Can Cost an Employee of Any Rank Their Job

Facebookpasswords Social media

By Eric B. Meyer

Here’s more proof that both entry-level employees and C-Suite executives can do dumb stuff.

When I go out to eat, I’m not that picky. While I often have a taste of fine dining, I can do beer and wings with the best of ‘em.

I like my beer cold and my wings spicy. I take these two things for granted when my food is served to me. That, and the person preparing the food has a shirt on. Read more…

HR News & Trends, Talent Management

Think That an Employee Might Be Faking Sick? Check on Social Media

Photo by Dreamstime

By Eric B. Meyer

It’s that time of year again — open enrollment, flu shots, and CareerBuilder.com’s annual list of the most creative excuses for missing work.

But before I get to that, how about some missed-work statistics based on responses from 2,203 hiring managers and human resource professionals, and 3,103 U.S. workers (employed full-time, not self-employed, non-government), from a survey conducted online by Harris Poll on behalf of CareerBuilder from ­­Aug. 11 to Sept. 5, 2014:

  • 28 percent of employees have called in to work sick when they were actually feeling well; Read more…
HR News & Trends, Legal Issues

Do Fingers With Frostbite Constitute a Disability Under the ADA?

ADA

By Eric B. Meyer

Let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act.

In Wilson v. Iron Tiger Logistics, the plaintiff, a truck driver, developed frostbite on a bunch of fingers while performing maintenance on his truck in Canada in -25 degree weather.

That’s dedication to your work! Although, speaking of dedication and cold weather, I think of those smokers who stand 21 feet away from our office in the dead of winter — not -25 degrees, but still pretty frickin’ cold — holding that cigarette to their lips. Now, that is some serious dedication. Read more…

HR News & Trends, Legal Issues

Employer Wants to “Bring Color” to Workplace, Gets Lawsuit Instead

ENDA discrimination

By Eric B. Meyer

Let’s get one thing clear. Anyone can be a victim of discrimination. And when it comes to race, we’re talking black, white, brown, whatever.

And in this instance, it added up to a $620,000 jury verdict and nearly $165,000 in attorney’s fees.

Case in point, in Boneberger v. St. Louis Metropolitan Police Department, Mr. Boneberger, who is white, claimed reverse-race discrimination because his employer failed to transfer him to the position of Assistant Director of the St. Louis Police Academy. Read more…

HR News & Trends, Legal Issues

Is It Legal For the EEOC to Send 1,330 Emails to Your Employees?

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By Eric B. Meyer

Back in 2013, the U.S. Equal Employment Opportunity Commission began investigating Case New Holland, Inc. for age discrimination, or so a complaint that Case New Holland recently filed in federal court alleges.

So, how is this news?

Apparently, the EEOC sent 1,330 emails to Case New Holland email addresses trolling for potential class-action plaintiffs — or so the Case New Holland complaint alleges. And by sending those emails, the EEOC violated the Administrative Procedure Act, and the Fourth and Fifth Amendments of the United States Constitution — or so Case New Holland alleges.

Read more…

HR Basics, Legal Issues

Why You Need to Be Careful Emailing Employees FMLA Paperwork

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By. Eric B. Meyer

Remember, over the summer, when I wrote about how sending Family and Medical Leave Act paperwork to an employee via first class mail is a big mistake.

Why? Because if the employee claims not to have received the paperwork, then you have no proof of delivery, and possible FMLA interference issues if the employee is somehow precluded from taking FMLA leave.

So, I offered three alternatives: Read more…

Legal Issues

The One Thing HR Can’t Do If An Employee Reports a Noose

Photo by istockphoto.com

By Eric B. Meyer

One employer appears to have screwed up royally, which seems to be part of a trend this week.

Yes, there are several things you don’t want to do if an employee reports a noose in the workplace, among them:

HR News & Trends, Legal Issues

It May Not Be Good to Ask Entry Level Workers to Sign Non-Competes

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By Eric B. Meyer

My Facebook and Twitter feeds were blowing up yesterday with links to articles at NYTimes.com, The Huffington Post, and Jezebel about how the Jimmy John’s sandwich chain supposedly makes its sandwich makers and delivery drivers sign non-competition agreements.

These agreements purport to preclude employees from working for certain nearby competitors for two years after their employment with Jimmy John’s ends.

I’m not going to comment specifically on Jimmy John’s and its purported practice other than to say that I work in Philadelphia and it would be sacrilege to let a “sub sandwich” pass between these lips. But, I do have a few general pointers from employers about restrictive covenants. Read more…