Love and work aren’t always peanut butter and chocolate

I listened with great interest to the latest episode of the Hostile Work Environment podcast, which featured as its guest my good friend, Dan Schwartz, talking about the pitfalls of Valentine’s Day at work.

Dan cited CareerBuilder’s annual V-Day survey, which offers some interesting stats about the current state of office romances:

• 22 percent of workers have dated their boss (up 7 percent from last year)
• 31 percent of workers who started dating at work ultimately married each other
• Almost one in ten female workers whose work romance soured left their job
• 41 percent of workers had to keep their romance a secret

Yet, love and work do not always go well together, especially on Valentine’s Day.

What does it mean to be religious?

Lately, I’ve been thinking a lot about religion. Or, rather, what it means to be religious.

I am not religious. Or at least not in the organized sense.

This does not mean that I am an atheist, or a pagan, or a heathen, or whatever other aspersion you’d like to cast upon me.

It just means that I do not believe I need a building and a structure upon which to ascribe my beliefs.

WIRTW #493 (the “Super Bowl” edition)

Today’s goal:

Strive to be the type of employer that engenders this type of loyalty in your employees.


Here’s what I read this week:

Sexual harassment is the hiring scarlet letter

Dear Jon, 

I resigned from my last job amid allegations of sexually inappropriate misconduct. The allegations became public. Even though the women are all liars, no one will hire me. What can I do? 

Sincerely,
Steve W.

This example has played out (sort of) at my alma mater, Case Western Reserve School of Law.

What is your profession doing to combat harassment? Mine appears to doing a lot, as ABA adopts new anti-harassment policy

The policy-making body of the American Bar Association has adopted a formal resolution that urges legal employers to prohibit, prevent, and promptly redress sexual harassment and retaliation claims.

Moreover, to make sure that law-firm leaders are paying close enough attention, Resolution 302 [pdf] also urges that firms adopt measures to ensure that the heads of law firms are informed of the financial settlements of such claims.

The resolution contains the following key measures:

The 4th nominee for the “worst employer of 2018” is … the (in)humane harasser

The 4th nominee for the worst employer of 2018 is the Humane Society of the United States, which last month voted to retain its CEO despite an internal investigation that identified and corroborated three complains of sexual harassment against him.

Happy 25th FMLA … and happy #SuperSickMonday

Last night, my Philadelphia Eagles won the Super Bowl.

Today, the FMLA turns 25.

Over the past 25 years, it is estimated that employees have used the FMLA over 200 million times to take job-protected, unpaid time off work to address their own serious medical condition or care for a family member.

WIRTW #492 (the “step up” edition)

As a dad of a woman (girl) who may someday live in the music industry, I read with great interest the comments of Recording Academy President Neil Portnow, responding to why women were so under-represented as winners at this year’s Grammys.

It has to begin with … women who have the creativity in their hearts and souls, who want to be musicians, who want to be engineers, producers, and want to be part of the industry on the executive level… [They need] to step up because I think they would be welcome. I don’t have personal experience of those kinds of brick walls that you face but I think it’s upon us—us as an industry—to make the welcome mat very obvious, breeding opportunities for all people who want to be creative and paying it forward and creating that next generation of artists.

“Can I bring my peacock to work? It’s for emotional support”

United Airlines has blocked a customer from bringing her “emotional support peacock” on a recent flight.

Truth be told, whether it was a large peacock, or a small parakeet, or a dog, or any other animal labeled “emotional support,” the airline acted well within its rights, whether dealing with a customer or an employee.

The ADA makes no reasonable accommodation allowance for “emotional support animals” of any species and of any size. Period.

Why I’m a management-side lawyer

Every now and again it’s worth pulling a post out of the archives for a rerun.

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—

Why am I a management-side attorney?

Is employee copying of documents protected activity or unlawful stealing?

It’s a situation that plays out all too often. An employee emails a slew of documents to a personal email address, or drags them into a personal Dropbox, or copies them to a stick drive.

Your first instinct is to assume that the employee is engaged in something nefarious, fire the employee, and even sue for misappropriation of trade secrets/confidential information.

But might there be something else going on? What if, instead of competing against you, the employee is preparing to go to battle against you in a discrimination lawsuit?

Does an employee have a right to copy your documents to prepare a discrimination lawsuit?

SNL tackles #MeToo, but what should you do when employees discuss #MeToo at work?

How do you discuss sexual harassment and other sexual misconduct with your friends and colleagues?

Saturday Night Live, in one of its most brilliant sketches in a long time, offers a suggestion.


Or, rather, a suggestion not to have the conversation at all.

WIRTW #491 (the “rage” edition)

Last Friday, Fake ID played to a packed house at The Symposium, an old school rock club in Lakewood, Ohio. And, they absolutely brought down the house. Here’s their set closer, Rage Against the Machine’s “Killing in the Name.”


Why am I posting of video of a bunch of teen and preteen kids playing music? For starters, my daughter is the lead singer, and I think they’re very worthy of sharing.

Also, Fake ID teaches us a couple of employment lessons.

Age is not a valid predictor for success. Fake ID is comprised of two 11 year olds (including Norah) and three 14 year olds. In my opinion, they perform well above their young ages suggest. Don’t judge your employees, or prospective employees, by their age, judge them on their abilities and talents, whether old or young.

Talent is not a substitute for hard work. What impresses me most about how well Fake ID performs isn’t the performance, but all of the time and effort they put in to honing it. Lots of great talent wastes away by laziness and apathy. Your best employees will be the ones that work the hardest, period.

You have one more chance to catch Fake ID live this month, at Sky Zone Highland Heights, tomorrow, January 27, from 7 - 8:30 pm. No cover for the music, regular jumping rates apply.

Here’s what I read this week.

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.