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

Can You Fire Someone Who Discloses a Disability at a Termination Meeting?

© chayathon2000 - Fotolia.com

By Eric B. Meyer

File this under: Duh!

Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four hours and, later, he could not account for his whereabouts.

So, you schedule a termination meeting, which is exactly what the Hospital did with Martins. However, at the meeting, Martins told the Hospital that he suffers from bipolar disorder. Read more…

HR News & Trends, Recruiting and Staffing

New Jersey Governor Vetoes Bill Protecting Unemployed Job Hunters

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By Eric B. Meyer

A bill that would have made it illegal for New Jersey companies to refuse to hire a job candidate because of his/her employment status is dead for now.

Last week, New Jersey banned the box.

However, Bob Jordan over at the Cherry Hill Courier-Post reports here that New Jersey Gov. Chris Christie has put the kibosh on a bill that would essentially make “unemployment” a protected class, like race, religion, national origin and others protected under the New Jersey Law Against Discrimination. Read more…

HR News & Trends, Legal Issues, Recruiting and Staffing

New Jersey Latest State to Ban the Box in Employment Applications

New Jersey

By Eric B. Meyer

Come Jan. 1, 2015, most New Jersey employers will no longer be able to ask about an applicant’s criminal record during the initial employment application process.

That’s right.

Ban the box will be b-b-b-b-banned in the Garden State! Read more…

HR News & Trends, Legal Issues

What Happens When an Employer Says Cancer Is Not an ADA Disability?

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By Eric B. Meyer

What happens when an employer-defendant argues that cancer — CANCER! — is not an ADA disability?

How do you think that worked out? (I’ve got a pretty good guess too).

In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!), the U.S. Equal Employment Opportunity Commission filed suit on behalf of an employee who had been diagnosed with basal-cell carcinoma. According to the EEOC, the employee informed her supervisor of her cancer diagnosis and that she would undergo radiation treatment. Read more…

HR News & Trends, Legal Issues

When You Gotta Go, You Gotta Go – But It May Not Be an ADA Disability

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By Eric B. Meyer

When you gotta go, you gotta go.

In Sanders v. Judson Center, the plaintiff worked for a non-profit human service agency providing services to disabled individuals identified as “consumers.” The plaintiff, who suffered from a heart condition, was prescribed medication designed to get rid of body of fluids.

One night, while transporting two consumers in a van, the plaintiff was overcome with the need to urinate. So, she pulled over at a rest stop to use the bathroom.

The problem was that the two consumers required constant supervision. And, during the plaintiff’s bathroom break, one of the “consumers” wandered off from the van. Read more…

HR Basics, Legal Issues

HR Basics: Here’s the Absolute Wrong Way to Deliver FMLA Notices

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By Eric B. Meyer

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.

But, if you send Family and Medical Leave Act paperwork to an employee by first class mail, then you’re asking for trouble.

Did you read the headline and think to yourself, “FMLA notice? You mean there’s a notice? You mean, like in our handbook, right?” Read more…

HR News & Trends, Legal Issues

Inappropriate Facebook Posts Doom Employee’s Discrimination Claims

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By Eric B. Meyer

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer, too.

Yep, another employee screwed up online. Go figure.

In Brown v. Tyson Foods, Inc., the plaintiff was suspended after her employer learned that a video on Facebook showed her “shaking her tail” and placing money in the shirt of a male co-worker who was performing an “exotic” dance at work. Read more…

HR News & Trends, Legal Issues

Yes, It’s Wrong to Disclose Employee Medical Info on Facebook

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By Eric B. Meyer

Yes, disclosing an employee’s medical info on Facebook is stupid, plus, it may violate the Americans with Disabilities Act, too.

In Shoun v. Best Formed Plastics, Inc., the plaintiff allegedly suffered a bad shoulder injury at work. And, after the plaintiff reported it, the person who processed worker’s compensation claims for his company, posted the following on her Facebook page:

Isn’t [it] amazing how Jimmy experienced a 5 way heart bypass just one month ago and is back to work, especially when you consider George Shoun’s shoulder injury kept him away from work for 11 months and now he is trying to sue us.” Read more…

HR News & Trends, Legal Issues

Court: No 1st Amendment Protection For Teacher Trash-Talking Online

Natalie Munroe

By Eric B. Meyer

Do you remember Natalie Munroe?

She’s the teacher who enjoyed a cup of coffee in the spotlight a few years ago after getting suspended for bashing her students on her personal blog.

Among other things, she described her students as argumentative f*cks who may engage in Columbine-style shootings.

Out of all this, back in June of 2012, she sued her employer, alleging that her employer deprived her of First Amendment constitutional rights. Read more…

HR News & Trends, Legal Issues

A Supervisor-Subordinate Romance Isn’t Necessarily Discrimination

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By Eric B. Meyer

Over the weekend, I read this case (Clark v. Cache Valley Electric Co.) in which a male plaintiff alleged discrimination because his supervisor was allegedly schtupping a female subordinate and treating her better.

(The court said “voluntary romantic affiliation,” but why say in three words, what you can say in one?)

Specifically, the plaintiff alleged that, in exchange for putting out, his female co-worker received better job assignments, bonuses, and other working conditions. Read more…