Imagine a world where people always said “please” and “thank you”. A world where drivers didn’t speed up when they saw that you are trying to merge in to traffic. Where people showed common courtesy, regardless of gender by giving up their seat to the elderly, a pregnant woman, or a disabled person on the […]
Can Domestic Violence Accusations Mean Discipline at Work?
Domestic violence is wrong. So are many other actions such as driving while intoxicated, check fraud, soliciting for sex, speeding, public drunkenness, etc. Of course, we have criminal laws against such actions in order to maintain the type of society that we deem to be acceptable. Enforcement of our laws requires that the applicable criminal […]
The $60K Comment – A Lesson for Employers
Employers take note: Inappropriate comments can cost you. The Case A former New York volunteer firefighter recently won a $60K sexual harassment settlement against the Elmore Fire Department in Long Island New York. The fire department was also fined $25K. Beatriz Lozada, a young single mom alleges that she was repeatedly harassed because she had […]
13 Questions Employers Should Ask Before Deciding to Terminate: A Quick and Dirty Cheat Sheet
Are you faced with the possibility of terminating your employee? Here’s a quick list of items that you will want to consider before taking the leap towards termination: 1. Have you clearly identified the problem? Issues may range from poor performance, to attendance issues. Once identified, is there a clear pattern of behavior that cannot […]
Appeals Court Favors Employer: Employee Should Have Clearly Stated FMLA Request
The Eleventh Circuit Court of Appeals confirmed in the appeals case of Patrick Hurley v. Kent of Naples, Inc. that in order to be protected by the Family and Medical Leave Act (FMLA), an employee must clearly request time away from work for an FMLA-qualifying leave. The Case Patrick Hurley, the plaintiff, indicated that he […]
When Not Laying Off an Employee Can Become a Liability
The Case Roger Maxwell, a past employee of the U.S. Postal Service filed gender discrimination and retaliation claims against the Postal Service under Title VII for not being included in a series of reductions-in-force, (RIF) at his company in 2009 and 2010. (Maxwell v Postmaster General), December 10, 2013, Berg, T). Maxwell, a disabled veteran, […]
Knowing When To Cut The Cord and Let Your Employee Go
There is the staff member that regularly comes in late or the one who consistently falls behind and misses deadlines despite your best efforts to provide guidance and support. Or the employee who continues to cross the line with clients and colleagues. Maybe the employee issue is not as momentous as acts of inappropriate behavior […]
Will the Language in Your Company’s Severance Agreement Stand Up In Court?
Severance agreements are popular documents for employers interested in reducing their liability during a negotiated separation – and a way of offering a level of assurance that their employees don’t sue. In exchange the employer agrees to avail the exiting employee with an enhanced pay and benefits package. But is the standard language used in […]
Can Employers Hold Employees Responsible for What They Say On Facebook?
Can you fire an employee who makes a derogatory comment about his or her work environment on Facebook or other social media site? The answer, it turns out, depends on the circumstances. In some cases, the National Labor Relations Board has held that an employer has the right to…
Employment At Will Does Not Give You a Pass To Fire Employees Indiscriminately
Most states allow companies to hire employees on an “at will” basis. Basically, that means as an employer, you do not need to have any really valid reason to fire an employee. In fact, unless you have an explicit policy stating that you will fire employees only for specific reasons, you are under no…