A recent article in the Wall Street Journal (reported on 11/21/2013 by Jennifer DeVries) discussed a study showing bias in the hiring process when social media is used to screen job applicants. Because of the potential for unlawful discrimination and losing out on otherwise qualified job applicants, the article and study should be a “must
Employer Sued for Allegedly Failing to Produce Employee Personnel Records
Oakland University, a southeast Michigan public university, was sued on November 1, 2013 by its former women’s basketball coach Beckie Francis. The lawsuit seeks injunctive relief and declaratory relief, as well as seeks to compel Oakland University to produce certain employee records concerning Ms. Francis pursuant to Michigan’s Bullard-Plawecki Employee Right to Know Act.
While this
Target Eliminates use of “Check the Box” in Relation to Job Applications and Criminal Background Checks
Job applications commonly have a question in the form of checking a box to indicate whether an applicant has a criminal record. If the applicant checks “yes,” the applicant is asked to explain the circumstances.
In reality, however, checking the box ends the employment opportunity for the applicant because it is likely that a prospective
The Cost of Workplace Bullying: Legal Risks and Workplace Disruption
Workplace bullying was front and center this week as the Miami Dolphins organization scrambled to address reports that its starting offensive tackle Jonathan Martin left the team indefinitely because of bullying from teammates.
ESPN reported that this bullying included Mr. Martin’s teammate, Richie Incognito, leaving Martin the following (disturbing) voicemail after Mr. Martin was drafted
Prohibiting Sexual Orientation Employment Discrimination – Legislative Update
Tomorrow Royal Oak (Michigan) votes on a local ordinance that would prohibit discrimination in housing and employment against gays, lesbians, bisexuals and transsexuals.
The Royal Oak City Commission passed the ordinance in March, but enough residents signed a petition to keep it from taking effect. If this ordinance is enacted, Royal Oak would join approximately
Avoiding Risks Under Michigan’s Whistleblowers’ Protection Act – Five Things to Know
Whistleblower claims routinely make the headlines. And for employers, whistleblower claims increase the chance of liability even in what should be otherwise routine adverse employment decisions.
By way of example, a number of years ago, I represented an employer in what should have been a garden variety wrongful discharge lawsuit. However, because of
Enforceable Noncompete Agreement Key to $2 Million Judgment Against Former Employee
A recent Michigan trial court decision from the Oakland County Circuit Court illustrates the significance that noncompete agreements can have for employers and individuals who sign such agreements.
Specifically, Crain’s Detroit Business reported that an Oakland County Circuit court entered a judgment in excess of $2 million against Matt Prentice, a former employee and a well-known Metro
EEOC Smacked Down in Rare Employer Win in Defending Claim of Unlawful Discrimination
The Equal Employment Opportunity Commission (EEOC) was recently smacked down by the Sixth Circuit Court of Appeals in EEOC v Peoplemark, Inc. In that appeal, the Court agreed with a decision from the federal district court out of Western Michigan that awarded an employer its attorney’s fees and expert fees in defending against a discrimination claim
Jim Leyland – A Great Baseball Manager, but a Bad Example for Managing Your Company’s HR
Jim Leyland, the now former manager for the Detroit Tigers, officially announced his resignation today. Under his tenure, which lasted eight seasons, Mr. Leyland took the Tigers to two World Series and had an overall record of 700-597.
An example in “what not to do” in managing a company’s human resources.
Mr. Leyland’s tenure
Michigan Court Refuses to Expand Claim for Wrongful Termination in Violation of Public Policy
While maybe not quite as exciting as last night’s fantastic win by the Detroit Tigers, Michigan employers got a great win this week from the Michigan Court of Appeals involving a claim for wrongful termination in violation of a public policy.
Specifically, in Irwin v Ciena Health Care Management, Inc. (PDF), a nurse was employed