WIRTW #45
Lawsuits come in all shapes, sizes, and levels of intrigue. One lawsuit filed this week in federal court in Connecticut is high on the latte...
Archive: August 2008
LPGA Tour implements English proficiency requirement
By Jon Hyman
From this morning's USA Today : The LPGA tour will use the next four months to create evaluation procedures for its new policy requ...
Background check protects employer from negligent hiring claim
By Jon Hyman
A claim of negligent hiring requires proof of five elements under Ohio law: the existence of an employment relationship; the employ...
Disclosure of confidential medical records held to be protected activity
By Jon Hyman
Bernadine Vaughn worked as a nurse at Epworth Villa, a non-profit, continuing care retirement community. On April 28, 2004, Vaughn filed ...
Should businesses be reviewing paid leave policies in advance of the Healthy Families Act?
By Jon Hyman
The above-the-fold headline on the front page of Sunday's Plain Dealer business section reads, " Employers consider altering benefi...
Governor Strickland's press release against the Healthy Families Act
By Jon Hyman
For those who are interested, the following is the Governor's press release condemning the Healthy Families Act. ...
WIRTW #44
By Jon Hyman
I guess if Motherhood Maternity can be sued for pregnancy discrimination , then the AARP can be sued for age discrimination . It seems that ...
Governor Strickland formally speaks out against Healthy Families Act
By Jon Hyman
Governor Strickland's efforts to broker a compromise on the Healthy Families Act have officially failed . He has been tirelessly working...
Blasting through the bulletproof employee
By Jon Hyman
Butler v. Alabama Dept. of Transportation (11th Cir. 7/30/08) concerns a black employee belatedly complaining that a white employee used th...
Right to reinstatement under USERRA for returning military personnel is absolute
By Jon Hyman
In 1994, Congress enacted USERRA (the Uniformed Services Employment and Reemployment Rights Act), to protect the employment rights of the me...
The real cost of paid sick leave is staggering
By Jon Hyman
The National Federation of Independent Businesses has commissioned a study to calculate the real cost of paid sick leave to Ohio. The result...
Argument that FMLA does not prohibit retaliation falls on deaf ears at court of appeals
By Jon Hyman
When a company is caught making a bad employment decision, they come to us, their lawyers, to bail them out. Bryant v. Dollar General Stores...
Five reasons why I'm against the Healthy Families Act
By Jon Hyman
As most know, the Healthy Families Act paid sick leave mandate guarantees seven days of paid sick leave each year to employees who work at l...
WIRTW #43
By Jon Hyman
A quick thank you to everyone who helped make Monday's Blawg Review #172 a huge success - those who sent in suggested links and those w...
Even California thinks paid sick leave is a bad idea
By Jon Hyman
California is uniformly thought of as the most liberal employment law state. It is often the test ground for new employment laws and theorie...
Stupidest employee ever?
By Jon Hyman
The above video is of a Xenia, Ohio, Burger King employee who not only thought it was a good idea to take a bath in the restaurant's ...
A lesson in how not to handle a pregnant employee
By Jon Hyman
"Being pregnant here - it's like wearing a scarlet letter 'P' on your chest," said Lori Ann DiPalo, 36, the MTA Bridg...
Tell us something we didn't know - court holds that sex is a major life activity
By Jon Hyman
"Disability" is a term of art under the ADA. To be legally "disabled" and entitled to the protections that the ADA provi...
Study suggests trials too risky; are lawyers really to blame?
By Jon Hyman
It is no surprise that nearly 90% of all civil cases settle before they ever get before a jury. The New York Times is reporting on a study ...
Blawg Review #172
By Jon Hyman
In honor of the start of the Beijing Olympics, it would have perhaps made more sense for this week's 172nd edition of Blawg Review to h...
Fired for Smoking
By Jon Hyman
Back in April, I brought everyone the story of a German company that fired an employee for not smoking . This morning, the ABA Journal repo...
Blawg Review reminder
By Jon Hyman
Just a quick reminder that I'll be hosting Blawg Review #172 this coming Monday, August 11. If you would like me to consider one of your...
Will the Healthy Families Act prohibit fraud?
By Jon Hyman
A commenter took me to task for yesterday's post , in which I argued that under the proposed Healthy Families Act employees committing f...
Healthy Families Act appears headed to November ballot
By Jon Hyman
The Cleveland Plain Dealer is reporting that Ohioans for Healthy Families has submitted to the Secretary of State double the number of sign...
Anti-bullying policies are unnecessary
By Jon Hyman
April's decision by the Indiana Supreme Court that upheld a $250,000 verdict in a so-called "workplace bullying" case is caus...
Termination versus reasonable accommodation under the ADA
By Jon Hyman
McNary v. Schreiber Foods, Inc. (8th Cir. 8/1/08) asks the question - if a diabetic employee needs to take a break on the job, but is perc...