Archive for July 2019
Ten Ways Employers Get Themselves Sued (Part One)
Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…
Read MoreThe Extramarital Affair at Work
Do you handle it differently from any other workplace romance? Gossiping. Backstabbing. Falling morale. Fading respect for leaders. What workplace event could cause all these things? An extramarital affair. Nearly one-quarter of workers who reported a workplace romance said their affair involved a person who was married at the time, according to the results of a…
Read MorePositive News for Employers Wishing to Enforce Post-Termination Restrictions
In an eagerly awaited decision, the Supreme Court gave its judgment on the meaning of wording commonly used in non-compete post-termination restrictions and the possibility of severing such wording where it would otherwise render such a restriction unenforceable. Background Ms Tillman was the Joint Global Head of Financial Services of executive search and recruitment firm…
Read MoreFive Top Tips for Managing Poor Performance at Work
It’s the call that many HR professionals dread: a manager reporting that enough is enough, and the under performer in their team has got to go. You check the employee’s personnel file and find no prior warnings and three years of glowing appraisals. This may be hauntingly familiar for many in the profession. Underperformance often…
Read MoreHow Emojis Can Cause Trouble in the Workplace
As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis lack universal definitions, can have multiple — often subjective — meanings, and look different on different messaging platforms. This means that…
Read MoreHeterosexual HR Manager Loses Discrimination Claim
A heterosexual HR manager fired after writing an angry Facebook post against Target’s policy of allowing transgender individuals to use restrooms according to gender identity could not state a discrimination or retaliation claim, the 5th U.S. Circuit Court of Appeals ruled. The plaintiff began working in the Louisiana office of Plant-N-Power Services Inc. (PNP) in…
Read MoreEmployers Beware: Workplace Gossip about Sex May Risk Liability under Title VII
Sexually explicit rumors, affairs to influence promotion, jealous male coworkers, sexist remarks by a high-ranking manager, and ultimate retaliation and termination—an episode of Mad Men? The plot of a new show on Netflix? No. Real sexual harassment—at least according to Evangeline Parker, who filed a claim alleging discrimination under Title VII against her former employer,…
Read MoreTermination: Your Legal Responsibilities When You Let an Employee Go
Letting an employee go is challenging for everyone involved. With such a life-changing event, many in the business world feel it is prudent to be as open, honest, and prepared as possible for the way the terminated employee might respond to their termination. Right to Work and At Will Even in right to work states,…
Read MoreEmployers Take Heed: The EEOC Is Cracking Down On Pay Discrimination
Equal pay for equal work is a hot topic for employers. In the last few years, several states have passed equal pay laws, while the Equal Employment Opportunity Commission (EEOC) is paying more attention to equal pay issues on the federal level as reflected in recent enforcement actions. Just last month, the EEOC filed two…
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