I recently watched an excellent TED Talk by Julia Galef, that should be a “must read” for every HR professional who is tasked with the responsibility of conducting employee investigations. As explained below, applying the points made by Ms. Galef can improve your company’s response to allegations of discrimination or workplace misconduct, as well
A recent decision of the National Labor Relations Board provides employers with a reason to carefully evaluate disciplining employees who make negative comments about their company’s products. Specifically, on 3/25/2016, the Eight Circuit Court of Appeals confirmed an NLRB decision that a Jimmy John’s franchisee violated the employee rights of six employees when it fired
Investigating employee misconduct is, unfortunately, a common occurrence companies and their HR professionals experience. But if the investigation is not properly handled, it could expose the employer to liability, including being sued for defamation.
Consider for example a recent lawsuit in which an employee sued her employer and its supervisors because of the manner in
Today is April 20, 2015. However, for certain individuals who partake in smoking a plant in the cannabis genus, it is also “420.” The use of “420” has historically been a shorthand reference to recreational marijuana smoking. However, as more states enact laws legalizing marijuana use for medical conditions, employers may need to reassess their
One employment law topic that never seems to go away is pornography in the workplace.
When the issue invariably arises, I remember my first attorney job out of law school. I began working at a medium-sized law firm. One partner I frequently worked with was a brilliant, chain-smoking, gruff, old white-collar defense and First Amendment
Employment discipline for and First Amendment protections for private sector employers.
Continue Reading Employment Legislation for One: Politician Jumps onto Coattails of Duck Dynasty Controversy
I’m not afraid to admit that I’m a comic book geek. And while Spider Man was not my favorite superhero, a favorite quote of mine is associated with him: “With great power comes great responsibility.”
While making the leap from superhero to lawyer probably requires some superhuman power, no extraordinary effort is needed in making
A well written article by Connie Bertram, asks the question “Is Self-Help Discovery by Employees Protected Activity?”
The title of the article refers to situations where an employee attempts to gather factual support or to otherwise pursue an employment discrimination claim or a related employment-based lawsuit against the employer by accessing employer files
In the fall of 2008, 63% of Michigan residents voted in favor of legalizing medical marihuana. Despite this majority, Michigan legislators continue to whittle away at that law.
The latest such effort involves Michigan’s Worker’s Compensation statute.
Specifically, under a provision of the Worker’s Disability Act, an employer must furnish or cause to be furnished, reasonable
The Food and Drug Administration (FDA) was sued by six on-staff doctors and scientists after discovering the FDA accessed their personal email accounts (Gmail).
The Washington Post reported that government documents showed that the secret surveillance took place over a two-year period after the staffers complained to lawmakers in Congress that the FDA was approving
