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Archive for July 2018

What Employee Speech Is Protected in the Workplace?

Employees don’t have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers’ speech in certain situations. The First Amendment guarantees citizens the protection of free speech from intrusion by the federal government, however it does not apply to private actors,…

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Employers Often Designate Leave as FMLA Despite Objections

Employees eligible for leave under the Family and Medical Leave Act (FMLA) might want to decline FMLA leave for a variety of reasons, but employers often can designate the time off as FMLA anyway. Note though that in jurisdictions covered by the 9th U.S. Circuit Court of Appeals, the employer must allow the employee to decline…

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Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…

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