Legal Issues

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…

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…

Legal Issues, Webinars

How to Avoid Workplace Lawsuits

This webinar will analyze why workplace disputes became employment litigation, as well as focus on how some laws (FMLA, ADA, FLSAOSHA regulations, etc.) can cause lawsuits. Plaintiff Attorney Milton Williams, Defense Attorney Daniel Kaplan and retired Judge Richard Eade, will leave you with some of the most up-to-date and helpful information pertaining to lawsuits. This PosterTracker webinar, hosted by attorney Mark Neuberger, is sure to send you home with the following:

  • Steps to take to avoid litigation;
  • If litigation is unavoidable, how to ensure a successful outcome;
  • Overview of current laws/acts that can entail litigation;
  • And much more!

This is one webinar that you really don’t want to be excluded from, the ramifications of just a single lawsuit on a company can be dire. Arm yourself with the latest and greatest information to be sure you are prepared for anything. Register today!

Date/Time of Webinar: November 20, 2014 at 2 pm Eastern/11 am Pacific.

Registration Link:  https://cc.readytalk.com/r/sgis444s1741&eom

Sponsor: PosterTracker

HR News & Trends, Legal Issues

Do Fingers With Frostbite Constitute a Disability Under the ADA?

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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

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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

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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

Domestic Violence Leave Now Required in Massachusetts

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By Asha A. Santos

Massachusetts’s new domestic violence leave law – which became effective on Aug. 8, 2014 – created new obligations for Massachusetts employers of 50 or more employees.

Covered employers must permit an employee to take up to 15 days of leave in any 12-month period when the employee or a family member of the employee (as defined in the law) is the victim of abusive behavior. Read more…