Tag Archives: Termination

Are Your Employees Naughty or Nice?

Ver la versión en español aquí As I was recently working on my Christmas “to do” list while singing along to “Santa Claus is Coming to Town,” the lyrics “He’s making a list, and checking it twice, Gonna find out whose naughty or nice,” reminded me that December is not only the holiday season, but is … Continue Reading

The Pros and Khans of Good Workplace Management

Ver la versión en español aquí Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, … Continue Reading

It’s Unbelievable! – Bill Introduced into Congress Would Turn Labor Relations on its Head

Ver la versión en español aquí There has been a consistent and steady decrease in unionization across the Country over the past forty years.  Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game.  The most recent … Continue Reading

Horrible Bosses: Makes for a Great Movie, but Not a Disability

Ver la versión en español aquí In the movie Horrible Bosses, three friends conspire to murder their bosses when they realize they are standing in the way of their happiness. While most employees would not take it to that extreme (hopefully!), conflicts between employees and their superiors occur. Recently, in Higgins-Williams v. Sutter Medical Foundation, … Continue Reading

OMG! Your Policy Says What?

Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading

No Good Deed Goes Unpunished – Improper Extension of Benefits After Termination of Employment

Ver la versión en español aquí You’ve always treated your employees fairly, even when the relationship doesn’t work out and you have to let the employee go or when you’ve had to terminate employees due to downsizing. Often, you agree to continue the employee’s benefits for a few months during a severance period. You know … Continue Reading

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading

The 24 Year Journey – Did Absence Make the Heart Grow Fonder?

Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading

Pro Rata, Quid Pro Quo, Severance Agreement, Lawsuit – Uh-Oh!

Ver la versión en español aquí “Writing is thinking. To write well is to think clearly. That’s why it’s so hard.” -David McCullough Hickory Foods, Inc. out of Jacksonville, Florida provided a departing employee, Jonathan Thomas, with a written severance package. The company wanted to pay Thomas an additional eight weeks of his annual salary as severance. … Continue Reading

Time-Outs: Can the Strategy Typically Used for Children Also Benefit Your Employees?

Ver la versión en español aquí We have a time-out circle in my house, and from time to time, my preschool-age son visits the circle. Time-outs separate him from whatever undesirable behavior or activity he is engaged in – such as whining, arguing about brushing his teeth or throwing his toys – and give him … Continue Reading

True Colors – Can Naming a Paint Color Be a Discriminatory Act?

Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading

Religious Discrimination: The Balance Between Protecting Customer Relations and Making Employee Accommodations

Ver la versión en español aquí A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also … Continue Reading

EEOC Shines Spotlight on Employers’ Dress Code Policies That Interfere With Religious Practices

Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies.  Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading

Employers’ Obligations Under Florida’s Medical Marijuana Laws Hazy

Florida Governor Rick Scott signed SB 1030 today.  This law now makes it legal for qualified patients in Florida to take low-THC cannabis in liquid form to treat certain seizure disorders, such as epilepsy and muscle spasms, and for cancer.  While SB 1030 will likely not have a huge impact on day-to-day operations in the … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

Hey, NBA Commissioner Silver, Way to Flex Your HR Muscle

Kudos to NBA Commissioner Adam Silver, who, like a true HR professional, fined Los Angeles Clippers owner Donald Sterling $2.5 million and banned Sterling for life from the NBA. The punishment came last week on the heels of a leaked audio recording in which Sterling is heard scolding V. Stiviano, Sterling’s “personal assistant” (code name … Continue Reading

NLRB Judge Nixes Part of Hospital’s Code of Conduct

A National Labor Relations Board  (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that  “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA).   Click here for copy of the case.  The case arose after the William Beaumont  Hospital terminated … Continue Reading

College’s No Gossiping Policy and Termination Thrown Out by NLRB Judge

Last week, an administrative law judge for the National Labor Relations Board, ruled that a technical college ran afoul of the National Labor Relations Act for instituting a policy prohibiting employees from gossiping and for then firing an employee who violated the policy.  Click here for a copy of the case. Laurus Technical College in Atlanta … Continue Reading
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