How small is too small? Litigating sample sizes in reduction in force cases
Last week’s post on the use of statistics in reduction in force cases garnered some interest from a fellow blogger, Stephanie Thomas. She a...
WIRTW #113
By Jon Hyman
The theme of this week’s review is déjà vu . In each category, I’ve linked back to at least one post I’ve written on a similar subject. So...
6th Circuit downgrades importance of statistics in reduction-in-force cases
By Jon Hyman
Yesterday, I discussed a 6th Circuit decision that provided guidance to employers on how not to RIF an employee on FMLA leave. Today, I’m go...
Reduction in Force vs. Leave of Absence: How not to handle the convergence
By Jon Hyman
There is no rule that says that you cannot terminate an employee on FMLA leave in a reduction in force. Conventional wisdom (and the real ri...
Do you know? What to do when you get sued
By Jon Hyman
When you are sued in an employment case, the absolutely first thing you should do is call your lawyer. There are steps that must be taken as...
EEOC announces curious partnership as it expands community outreach
By Jon Hyman
The EEOC has announced that it has partnered with Beachwood’s Maltz Museum of Jewish Heritage to help employees file discrimination compla...
WIRTW #112
By Jon Hyman
Here’s what you missed this week if you’re only reading my blog. Labor Breakfast with NLRB Regional Director - (Part 3) - What...
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...
Top 10 Labor & Employment Law Stories of 2009: Numbers 2 and 1
By Jon Hyman
2. The Economy. This past year brought us the worst recession this country has seen in nearly 80 years. It should not surprise anyone that...
Top 10 Labor & Employment Law Stories of 2009: Numbers 4 and 3
By Jon Hyman
4. The Swine Flu. Apart from the economy, no story dominated the headlines more in 2009 than H1N1. Because employees get sick, and need to...
Top 10 Labor & Employment Law Stories of 2009: Numbers 6 and 5
By Jon Hyman
6. The U.S. Supreme Court’s Pro-Employee decisions. 2009 brought us two important pro-employee Supreme Court decisions. In Crawford v. Me...
Top 10 Labor & Employment Law Stories of 2009: Numbers 8 and 7
By Jon Hyman
8. Associational Retaliation. In Thompson v. North Am. Stainless , the 6th Circuit reversed itself and held that retaliation is only actio...