Severance Agreements-Have you just been asked to sign one?
December 6, 2017
Has your employer recently asked you to sign a Severance Agreement? The Agreement no doubt states that you have been advised to seek counsel to review the agreement and that you have had adequate time to do so. You should follow that suggestion a
Read MoreSeptember 22, 2017
Employers should use caution when posting job openings, as well as, issuing job applications. The type of description given for particular job requirements or questions asked on an employment application could leave employers wide open for discrimi
Read MoreProving wrongful termination under the FMLA – the 2nd Circuit has lowered the standard
July 28, 2017
In proving whether a Plaintiff was fired in retaliation for exercising their rights under the FMLA, the Second Circuit held a Plaintiff need only show that the exercise of FMLA rights need only be a "motivating factor" in the employer's adverse emplo
Read MoreSingle Racial Slur Can Create Hostile Work Environment
July 20, 2017
The Third Circuit recently held that a single racial slur could be deemed severe enough to create a hostile work environment. Employers should take special measures to train their Supervisors. While this is a Third Circuit case, and not the Sixth, Ke
Read MoreWhen is a Manager a “Supervisor” within the meaning of Title VII harassment claims??
June 16, 2017
The Sixth Circuit recently held that AutoZone was not liable for the sexual harassment activity of one of it's store managers, in part, because the manager was not "a supervisor" where he had no authority to fire, demote, promote or transfer employee
Read MoreWhen Should a Non-Compete Be Used and When Should You Sign One?
May 17, 2017
Great straight-forward to the point article about non-compete agreements and which employees should and should not be asked by an employer to sign one. [embed]https://www.evilhrlady.org/2017/05/your-non-competes-arent-saving-your-business-they-are-
Read MoreCan You Call Your Supervisor Profane Names on Social Media?
May 3, 2017
Yes, depending on the circumstances according to the NLRB and Second Circuit. The Second Circuit recently upheld the reinstatement of an employee who was fired after using profanity in reference to his employer and supervisor. Significantly, the
Read MoreUniv. of Cincinnati Law School Dean Sues the School Alleging Retaliation
April 25, 2017
Law school Jennifer Bard's complaint asserts UC illegally placed Bard on administrative leave in March immediately following her response to local media reports about financial deficits at the law school and faculty members’ responses to her effo
Read MoreRecent Sixth Circuit Case where we successfully argued that “Cat’s Paw” Liability Does Apply to FMLA Retaliation Claims
April 21, 2017
AND that "honest belief" defense (the honest belief of the decision maker) is irrelevant where there exists Cat's Paw Theory of Liability and no independent investigation by the decision maker. https://https://www.opn.ca6.uscourts.gov/opinions.pdf/1
Read MoreApril 12, 2017
https://www.palenquedelaselva.org/nlrb-jurisdiction-employees-religious-nonprofits/
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