Friday, August 21, 2009

WIRTW #92


Apparently, my incessant linking has labeled me as a potential spammer according to Blogger. Annoyed but undeterred, here’s what I’ve been reading this week (assuming Blogger gets its act together and releases me from its constraints).

Above the Law reports on an attorney who asks job applicants for their political beliefs, along with a recent personal or family photo before he will consider them for employment. Can you say Title VII violation?

Walter Olson’s Overlawyered has a story on what may be the worst legal defense of all time – a hotel sued by a woman raped in its parking lot claimed that she was negligent, careless, failed to mitigate her damages.

Laura Harshbarger at the New York Labor & Employment Law Report has some very good tips on handling workplace investigations. One point that is missed, though, is to be mindful that whatever work product is created during the investigation, even if done by the employer’s attorney, is likely admissible in a subsequent lawsuit.

The Word on Employment Law with John Philips counsels that investigations of workplace misconduct should be thorough before an employee is terminated.

Strategic HR Lawyer reprints a CareerBuilder survey of the top employee complaints.

Michael Fox’s Jottings By An Employer’s Lawyer reminds employers that ignorance of the law, such as the FMLA, is no excuse. For a similar case out of the 6th Circuit, take a look at ‘Tis better to have learned and lost.

Michael Maslanka’s Work Matters discusses some recent findings on employers’ opposition to union organizing.

Michael Haberman at HR Observations shares his thoughts on racism in the modern workplace.

If you’re looking for information on how to handle disabled employees, Lawffice Space suggests that you try to navigate around the federal government’s new site on the topic – disability.gov.

Lee Sevier at Wage & Hour – Developments & Highlights, on the importance of properly distinguishing between employees and independent contractors.

Jill Pugh’s Employment Law Blog thinks employees should use common sense when it comes to social networking.

Sindy Warren at the Warren & Hays Blog reminds companies that military status discrimination is illegal.

Richard Tuschman at the Florida Employment & Immigration Law Blog, on bystander harassment. For my thoughts on this issue, take a look at Further reflections on Reeves v. C.H. Robinson Worldwide.


Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus.

For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.

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