By Eric B. Meyer Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC … Read more
Employment at Will: The Most Misunderstood Principle in the Workplace
By John A. Gallagher Most Americans have a general understanding of the “Employment at Will” doctrine. They understand that it means that they … Read more
How Unreturned Phone Calls Made for a Worker’s FMLA Retaliation Claim
By Eric B. Meyer An eligible employee may take up to 12 work weeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee … Read more
What a Georgia Strip Club Can Teach Us About Independent Contractors
By Eric B. Meyer Meet Karenza Clincy. She, along with other “nude, female exotic dancers,” sued The Onyx, an Atlanta nightclub, for wage and … Read more
Is Telling an Employee to Forget Her Dead Daughter Proof of a Hostile Work Environment?
By John A. Gallagher The Superior Court of New Jersey (one step above a Common Pleas court and one step below New Jersey’s Supreme Court), issued a … Read more
Labor Department, IRS to Go After Misclassified Independent Contractors
By John E. Thompson The U.S. Labor Department announced this week that it has entered into a cooperative alliance with the U.S. Internal Revenue Service … Read more
Record Award For Man Fired While Recovering From Cancer Surgery
Lots of cutting-edge workplace and HR issues percolate up and out to the rest of country from here in California (where the TLNT world headquarters just … Read more
Court: Hostile Work Environment Can Be Part of Age Discrimination Claim
By Eric B. Meyer You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” … Read more
When Payday Comes, How Will You Handle Earthquake & Hurricane Days?
Businesses up and down the East Coast will need to make some tough calls next payday as they try to figure out how to handle the days workers didn’t … Read more
Company With “Best in Class” HR Settles $3 Million Discrimination Suit
Read these two statements and see if you can figure out which companies they refer to: “We believe our human resource practices are fair, comply with … Read more
Courts Reprimand EEOC and Its Reckless ‘Sue First’ Strategy
Federal courts have twice this month spanked the EEOC, once with a written reprimand that “‘J’accuse!’ is not enough in court,” … Read more
A Real Life Example of Why You Document Employee Workplace Issues
By Eric B. Meyer Management-side employment lawyers preach it until they are blue in the face: companies should always document employee performance and … Read more
The Disabled Persons Act: Rules Have Changed, But Game Remains the Same
By Arthur Chinski and William Miller While employers have to contend with many issues under the Americans with Disabilities Act concerning their employees, … Read more
Harassment at Work? It Takes More Than Sex in a Supply Closet
By Eric B. Meyer Apparently, sex in a supply closet is not sexual harassment At least that’s what a federal court in Utah opined. George Costanza … Read more
Job Ads Seeking ‘Employed Only’ May Bring Attention From the EEOC
Is your company among those who reject the unemployed because they are unemployed? If you are — and a report from the National Employment Law Project … Read more
Pottymouths Don’t Usually Win Sexual Harassment Lawsuits
By Eric B. Meyer A federal court has bounced a woman’s sexual harassment claims against her former employer because the court believed that the woman … Read more
Unemployed Discrimination? Big Media Wakes Up, Discovers the Story
If you read TLNT, you surely are well familiar with this: discrimination against unemployed workers is a hot topic that has been around for the better part … Read more
When Hiring, Just Because You Can Ask It Doesn’t Mean You Should
By Eric B. Meyer I received a comment to yesterday’s post about 29 questions you should never ask a candidate in a job interview. Laurie Ruettimann, … Read more
Nevada Worker Gets $150,000 Settlement for Cubicle Claustrophobia
Sometimes, you come across a workplace story that is so mind boggling that you have to read it twice just to make sure that it wasn’t something you … Read more
Retaliation Overtakes Race as the Most Common EEOC Complaint
Complaints of retaliation have overtaken race as the most common EEOC allegation made by workers against their employer. And now that the U.S. Supreme … Read more