Progressive discipline might not be mandatory, but it makes sense
In Fulton v. ODJFS (11/3/11) [pdf] , the employee argued that he was entitled to recover unemployment compensation because his employer fai...
Employers cannot “ostrich” harassment allegations
By Jon Hyman
By now, you’ve likely read or heard about the disturbing sexual abuse scandal involving Jerry Sandusky, Penn State’s former defensive coordi...
Who owns social media accounts—the employer or employee?
By Jon Hyman
What happens to an employee’s social media account when the employee leaves a company? One British court has answered this question by orde...
WIRTW #199 (the “Occupy” edition)
By Jon Hyman
I spent the first half of last week in Denver. I took the opportunity of a free Monday morning to walk the city. In front of the Colorado St...
Unsubstantiated allegations cannot create protected activity (at least according to one Ohio court)
By Jon Hyman
In Veal v. Upreach LLC (10/20/11) , an employee claimed that her employer terminated her in retaliation for her contacting the EEOC. The co...
Do you know what an employment lawsuit costs?
By Jon Hyman
My manifesto—the Employer’s Bill of Rights—continues to generate links (thanks Kris Dunn and Walter Olson ) and comments . One commenter as...
NLRB says a “f**ktard” is different than a “d*ck” under Section 7
By Jon Hyman
A employee responded to a supervisor’s LinkedIn request with the following joke: “f**ktard.” More than a year later, the company discovered ...
Equal opportunity harassment is not unlawful sexual harassment
By Jon Hyman
For harassment to qualify as sexual harassment it must be because of sex. That means that the complained-of misconduct is of a sexual natur...
Are you checking in on your “sick” employees? Maybe you should be (or not)
By Jon Hyman
According to a recent survey by careerbuilder.com , 29% of employees admit to playing hooky from work, taking “sick” days when they were rea...
Substances abusers continue to confound employers
By Jon Hyman
The EEOC announced that it has filed a lawsuit on behalf of a job applicant who lost his position after a pre-employment drug screen reveal...
The NLRB does not troll for cases, but…
By Jon Hyman
During my NPR appearance from a couple of weeks ago , NLRB General Counsel Lafe Solomon made an interesting comment about his agency: “We do...
New movie asks this question about workplace social media: “Have I Shared Too Much?”
By Jon Hyman
If you are asking questions in job interviews about candidates social media activities, I bet it’s not like what happened in a short movie t...
WIRTW #198 (the “James Madison” edition)
By Jon Hyman
My post about a proposed Employer’s Bill of Rights has gotten a lot of people talking. It is the most commented post in the history of the...
Using arrest and conviction records for hiring. What Does the EEOC Say?
By Jon Hyman
The Peace Corps asked the EEOC for an opinion on the legality of its use of conviction and arrest records to screen potential volunteers. In...
Hustling for a lawsuit
By Jon Hyman
Larry Flynt is no stranger to the courtroom . Now, it appears his brother, Jimmy Flynt, isn’t either. Jimmy has filed suit in federal court ...
Winning the battle but losing the war in FMLA cases
By Jon Hyman
The FMLA allows for two different theories of recovery—interference and retaliation. Interference is when an employer denies an FMLA benefi...
Some social media stats to get you thinking this week
By Jon Hyman
This time next week, I’ll be in Denver to speak about workplace social media issues at the annual Meritas Litigation and Labor & Employ...
WIRTW #197 (the “NSFW” edition)
By Jon Hyman
The following video has been making the rounds this week. It’s called Popsicle , and cleverly asked this question at the end: “Is this sexua...
Social media and privacy cannot coexist
By Jon Hyman
During my appearance on The Sound of Ideas to discuss social media in the workplace , NLRB General Counsel Lafe Solomon made an interesti...
They always said I had a face for radio
By Jon Hyman
This morning’s appearance on WCPN—discussing social media and the workplace—could not have gone better. It was an engaging hour, capped off ...