WIRTW #112
Here’s what you missed this week if you’re only reading my blog. Labor Breakfast with NLRB Regional Director - (Part 3) - What...
Archive: January 2010
Don’t forget about the retaliation
By Jon Hyman
According to a story on NJ.com , a jury has ordered an adult novelty company to pay $500,000 to a fired saleswoman. She had sued for harassm...
What’s good for the goose isn’t always good for the gander: legal fees in employment lawsuits
By Jon Hyman
One of the questions clients often ask me is whether they can pursue a plaintiff for defense costs after a successful dismissal. It only see...
Do you know? FMLA leave for unmarried fathers
By Jon Hyman
Do you need another reason to get married? The FMLA provides husbands greater rights than unwed fathers. The FMLA distinguishes between fa...
Faith healing and the FMLA
By Jon Hyman
The Smart HR Manager brought to my attention a recent case out of Massachusetts which held that an employee could not use FMLA leave to car...
WIRTW #111
By Jon Hyman
Conan O’Brien, Jay Leno, and NBC continue to dominate the headlines this week. I’ve previously shared my thoughts . Here’s what my fellow bl...
Warning – vulgar language ahead: 11th Circuit decides whether tasteless workplace behavior is actionable as sexual harassment
By Jon Hyman
We recite the profane language that allegedly permeated this workplace exactly as it was spoken in order to present and properly examine ...
How much is a non-compete worth?
By Jon Hyman
According to one Ohio appellate court, $500,000. Marketing Associates v. Gottlieb (1/14/10) [pdf] upheld a half-million dollar jury verdic...
Do you know? Do you need a moonlighting policy?
By Jon Hyman
Moonlighting is when an employee works a job other than their primary job. In today’s world, for example, many people find it necessary to w...
WIRTW #110
By Jon Hyman
While the tragedy in Haiti has pushed Jay and Conan off the front page, NBC’s late night debacle continues to be one of the week’s biggest s...
Bills seeks to prohibit use of credit information in employment
By Jon Hyman
Ohio House Bill 340 seeks to make it unlawful for an employer to discriminate on the basis of credit history. If enacted, it would amend Oh...
To taking the high road and not burning bridges…
By Jon Hyman
Conan O’Brien has every right to flat out pissed at NBC. They kept him tethered to his 12:35 a.m. slot for five years by promising him The T...
Do you know? Bankruptcy discrimination
By Jon Hyman
The economy will continue to dominate the headlines in 2010. And, as the economy continues to struggle to rebound, it is likely that your bu...
Something wicked this way comes – Congress’s 2010 employment law agenda
By Jon Hyman
If political pundits are to be believed, the Democrats’ super-majority will go the way of the dodo in November’s mid-term elections. Without...
WIRTW #109
By Jon Hyman
Because of how the holidays fell this year, it’s been a few weeks since I’ve been able to recap what else is happening in the L&E Blawgo...
A termination is not always a termination when the FMLA is involved
By Jon Hyman
On December 5, 2002, James Randolph suffered a severe episode of depression, blacked out, and failed to report for work. Because December 5 ...
Repeat after me – Don’t bring guns to work
By Jon Hyman
Driving into work this morning, I listened to a legitimate debate over whether the NBA should suspend Gilbert Arenas and his teammate, Jav...
Do you know? An employee’s (lack of) right to representation at an investigatory interviews or disciplinary meeting
By Jon Hyman
Yesterday I discussed the illegality of firing an at-will employee for consulting with an attorney . Despite an employee’s right to talk to ...
Lessons from (a) Leach – retaliation for talking to an attorney is a no-no
By Jon Hyman
One of big stories that broke while I was off last week was the firing of Texas Tech head football coach Mike Leach. The university initiall...