The Wile E. Coyote method of noncompete litigation

Wile E. Coyote. Forever chasing the Roadrunner. Always ending up falling off a cliff or crushed under a giant boulder.

Noncompete litigation. Sometimes you win an injunction. Sometimes the court drops a big boulder on your head.

Employee leave rights and the flu

I’m typing today’s post from my bed, where I convalesce with the flu.

Since I’m at home with the flu, I thought it worthwhile to discuss the leave-of-absence rights of employees with this illness.

Walmart (yes, Walmart) has now done more for worker rights than the U.S. government

Image by Sven via Wikimedia Commons

Earlier this month, Walmart announced sweeping additions to how it compensates its employees.

The 3rd nominee for the “worst employer of 2018” is … the camera creep

The third nominee for the Worst Employer of 2018 might be the creepiest I’ve shared yet.

From the Tampa Bay Times (c/o the ABA Journal):

Attorney James Patrick Stanton, accused of secretly videotaping nude and partially clothed female employees of a Tampa company, has agreed to never practice law again in Florida. 

WIRTW #490 (the “hilarious world of depression” edition)

Mental illness, especially among our youth, is an issue about which we do not pay nearly enough attention (to wit: this week’s suicide of Washington State quarterback Tyler Hilinski).

Today, I recommend that everyone check out The Hilarious World of Depression podcast.

The Hilarious World of Depression is a series of frank, moving, and, yes, funny conversations with top comedians who have dealt with this disease, hosted by veteran humorist and public radio host John Moe. Join guests … to learn how they’ve dealt with depression and managed to laugh along the way. If you have not met the disease personally, it’s almost certain that someone you know has, whether it’s a friend, family member, colleague, or neighbor. Depression is a vicious cycle of solitude and stigma that leaves people miserable and sometimes dead. Frankly, we’re not going to put up with that anymore. The Hilarious World of Depression is not medical treatment and should not be seen as a substitute for therapy or medication. But it is a chance to gain some insight, have a few laughs, and realize that people with depression are not alone and that together, we can all feel a bit better.

As a launching point, I recommend the January 2 episode featuring Rhett Miller (who also wrote and performs the podcast’s theme song, about “the world’s greatest clown”). Rhett talks frankly about his own teenage suicide attempt and how music saved his life. It’s a supremely worthwhile listen from one of the world’s great songwriters, and an all around good guy.

Here’s what I read this week:

Employee’s refusal to take drug test dooms discrimination claim

Can an employee, terminated for refusing to submit to a “reasonable suspicion” drug test, sue the employer for discrimination?

According to one recent federal district court opinion (and good ol’ common sense), the answer is no.

Employers win when they support the Sandwich Generation

I am declaring today New Year’s Day 2.0.

To put it bluntly, the first 16 days of 2018 sucked. I need a do over.

This has been my 2018 to date.

How likely are you to sexually harass?

Are you tired of seeing your Facebook feed littered with the results of your friends’ quizzes, with titles such as, “Which Game of Thrones Character are You?” or “Which Disney Couple Defines You?”

Well, I have one more quiz for you to take, and this one may just pique your interest.

It’s the Likelihood to Sexually Harass quiz.

Today’s America would deeply disturb Dr. MLK

A date appropriate reminder that our nation works better when our leaders seek to unite rather than divide.


We should strive to take these words to heart.

WIRTW #489 (the “on tour” edition)

It’s been awhile since I’ve posted a family rock ‘n’ roll update, so here it goes.

If you’re in the Cleveland area, you have three chances to catch Fake ID this month.

The Sky Zone shows are free. Tickets for the Symposium show are $6.

To stay updated on all things Fake ID, you should follow them on Facebook, Instagram, and YouTube.

Here’s what I read this week:

An argument for a more reasonable bereavement leave policy

I’ve been thinking a lot lately about death.

These past few days have been the first time I’ve had to deal with it on a family level as an adult. And there’s a lot to think about.

And it’s not just the grieving, and the crying, and the mourning.

It’s also time.

The 2nd nominee for the “worst employer of 2018” is … the arresting school board

There are lots of correct ways to respond to employee complaints.

Handcuffing and arresting the employee is most definitely NOT one of them. 

Yet, this is exactly what the Vermilion, Louisiana, school board did when a teacher, Deyshia Hargrave, tried to raise concerns at a board meeting about a proposed raise for her boss, Superintendent Jerome Puyau.

Thus, I have nominated this employer as the Worst Employer of 2018.

Sadness

We are incredibly sad today, as my mother-in-law passed away. Norah told me that her head was swimming and that she couldn’t process her emotions. I told her that while I couldn’t tell her how she should feel, I could share with her how I was feeling — sad, because I loved her and will miss her terribly, but also happy and blessed, because I got to have her as part of my life for the past 16 years.

A post shared by Jon Hyman (@jonhyman) on Jan 4, 2018 at 5:47pm PST

I’ll be back in the blogging mood sometime next week.

A real stinker of an ADA lawsuit

Amber Bridges, the former Lead Staff in the City of Indianapolis Magistrate Court, claims that her efforts to ease employees’ complaints about a co-worker's body odor got her fired.

When employees and staff members began to complain about the co-worker’s “chronic body odor,” Bridges installed air fresheners throughout the office.

Months later, however, the malodorous employee complained to her boss that the air fresheners created a hostile work environment. As a result, the City fired Bridges.

We have now entered the harassment-overreaction phase

When one of your biggest stars loses his high-profile job in one the year’s biggest sexual harassment scandals, how to you react?

With a brand new, and painfully detailed, anti-harassment policy.

The 1st nominee for the “worst employer of 2018” is … the holy harasser

The inaugural nominee for the Worst Employer of 2018 is a doozy.

I bring you (courtesy of the New York Post) the holy harasser.

The 12 Days of Employment Law Christmas (2017 edition)

For the past five Noels, I’ve concluded my posting year with “The 12 Days of Employment Law Christmas.” As this has become a year-end tradition at the blog, I’m sharing it again (with updated verses and links). If you’re feeling brave, post a video of yourself singing along.

(Some musical accompaniment)

Announcing THE WORST EMPLOYER OF 2017

The day has finally arrived. It’s time to announce the Worst Employer of 2017.

To remind you, we had three finalists in contention for this … honor:

Amid all of the sexual harassment concerns, let us not forget that other types of harassment exist

So much of the news lately has focused on sexual harassment, that it’s easy for one to forget that other types of harassment also exist.

For example, racial harassment.

Since we are but a week away from Christmas, I thought it appropriate to use a holiday-time example to illustrate.

NLRB restores sanity to its rules on employee handbooks and joint employment

Last week, the NLRB started making good on its promise to roll back some of its more controversial Obama-era reforms—its assault on employee handbooks and its liberalization of joint employment.