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 Management, Legal Issues

FMLA Interference: It’s Telling an Employee “Don’t Die at the Desk”

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By Eric B. Meyer

Telling an employee returning from open-heart surgery, “Don’t die at the desk” is bad. Very bad.

Also, threatening to drag that employee outside and throw him in a ditch isn’t good either.

Yeah, that may fracture a law or two. I’m thinking the Family and Medical Leave Act.

Heck, even the Taliban would frown on that. Read more…

HR Management, Legal Issues

Another Reminder Why You Need a Good Workplace BYOD Policy

Photo illustration by istockphoto.com

By Eric B. Meyer

Is it against the law to remotely wipe an employee’s Candy Crush high score?

Replace Candy Crush high score with email contacts on a personal iPhone used for work (yes, a Bring Your Own Device situation), and you have the issue that a federal court in Texas recently tackled.

This case (Rajaee v. Design Tech Homes and Design Tech Homes of Texas) presents a set of facts not unlike those which could easily arise in your workplace. Read more…

HR News & Trends, Legal Issues

Can You Fire an Employee For Having a “Nazi Shrine” on Facebook?

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By Eric B. Meyer

Last week, I read this story in USA Today from Cam Smith, in which he reports that the North Delta Minor Hockey Association fired one of its junior hockey coaches after it learned that he had posted pictures of Nazi items and propaganda — described as a “Nazi shrine” — on his Facebook page.

The Hockey Association defended the termination in a statement in which it characterized the post as containing “extreme and objectionable material believed to be incompatible with an important purpose of our minor hockey association — to promote and encourage good citizenship.”

Now, let’s assume that this went down in the U.S. Could the former employee argue religious discrimination (with a straight face)? Read more…

HR News & Trends, Legal Issues

When Sexting and Flirting isn’t Sexual Harassment At All

Sexual harassment

By Eric B. Meyer

To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior based on the plaintiff’s sex. Further, not only would an objective person have to find the behavior offensive, but the plaintiff must be offended as well.

Usually, when a plaintiff claims sexual harassment, a court takes for granted that conduct at issue offended the plaintiff.

But, I just read about a case that bucked the trend. Read more…

HR News & Trends, Legal Issues

Accommodating a Disability Doesn’t Require You Displace Someone Else

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By Eric B. Meyer

The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the essential functions of the job.

The ADA contemplates a number of different types of reasonable accommodations.

One such accommodation is a transfer into an open position for which the disabled employee is qualified. But what happens when there is no vacancy. Must an employer bump another non-disabled employee to accommodate the one with the disability? Read more…

HR News & Trends, Legal Issues

EEOC Guidebook Cranks Up the Push to Combat LGBT Discrimination

ENDA discrimination

By Eric B. Meyer

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination.

And the Equal Employment Opportunity Commission is being quite transparent about it, with a new guide for employers and employees.

The EEOC recently published What You Should Know about EEOC and the Enforcement Protections for LGBT Workers. Read more…

HR News & Trends, Legal Issues

New App Prevents Employees From Checking Work Email After Hours

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By Eric B. Meyer

Today’s post is sponsored by the letters S, E, and O

With a tip of the hat to whomever posted a link to this story on Twitter, the other day I was reading about this app that companies can install on employees’ smartphones and tablets that would preclude them from sending/receiving work-related email on those devices.

Why would you want to do that? Read more…

HR News & Trends, Legal Issues

Is Speaking an Essential Qualification For an HR Pro?

123RF Stock Photo

By Eric B. Meyer

Whether you work in a department of many, or just one, your job as an HR professional has you juggling many balls.

You’re running an open enrollment, conducting a workplace investigation, recruiting, wage-setting. Damn, you’re busy!

To get those tasks done, you’d better have the gift of gab.

Or not. Read more…

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?

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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…