This is how NOT to respond to employee complaints

JP Morgan is making waves with its decision to bring employees back to the office five days a week starting in March. But what's making even more waves is its reported crackdown on employee communication about this decision on the company intranet.

Let's talk about why that's problematic from both a legal and practical standpoint:

ADA covers more than those who are limited in their ability to work

What happens when an employer ignores the definition of "disability" under the ADA? A lawsuit—and a lesson in what not to do. A recent 6th Circuit decision highlights how important it is to get the definition right—and why denying a reasonable accommodation like a job transfer can land you in legal trouble.

WIRTW #742: the 'london calling' edition

"What do think about going to see an Arsenal match for Christmas?" That question—which my wife posed to me over a glass of wine a couple of months ago—birthed our 2024 Christmas holiday.

I work so that I can afford to travel. It's what feeds and restores my soul. The world is so vast and so interesting, and I want to see and experience it all. The five days we just spent in as a family in London was exactly what my soul needed.

Here are my top five highlights.

     1. Arsenal. If you're a sports fan and have never experienced a Premier League match live, you're missing out. The stadium was electric from start to finish. Bonus points for an Arsenal 1-0 win. Double bonus points for witnesses a proper British argument between Arsenal and Ipswich fans on the walk back to the Tube following the match. ("Have fun playing Swansea next year!") Triple bonus points for Donovan's first cider.

     2. Ted Lasso Tour of Richmond. This was a pilgrimage for us. It was so cool to see the famous sites from the show, including Ted's apartment door, the Ted/Beard bench, and the pub. Bonus points for lunch at the "Ted Table" in the pub following the tour.

     3. Afternoon Tea at the Goring. The poshest of posh. Also, a perfect way to celebrate my wife's birthday. Bonus point for their offering of gluten-free service for my Celiac son, which was identical to our full-gluten service.

     4. The Holiday Lights. London is beautifully festive for the Christmas holiday. We soaked in as much as we could through the massive crowds. Bonus points for Norah picking up a busker's tambourine and jamming along for a song. Double bonus points for stumbling across what has to have been the worst Christmas display in London.

     5. Watching the Peter Pan Cup. It's a 100-yard swimming race held in Hyde Park every Christmas morning since 1864. It was a wonderfully local way to spend our post-arrival Christmas morning while we waited for our hotel room to be ready. Bonus points for our morning stroll through Hyde Park and Kensington Gardens with many Londoners and their dogs.

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Here's what I read this week that you should read, too.

The "R-word" is making a comeback

According to Rolling Stone magazine, the "R-word" is making a comeback as part of a hard-right online trend using it to slander those who do not agree with their politics.

The resurgence of the "R-word" as a slur is more than offensive—it's harmful. It perpetuates stigma, dehumanization, and exclusion, particularly for individuals with intellectual and developmental disabilities.

This isn't about ignorance. Everyone knows why that word is ugly. Its recent resurgence in mainstream discourse, fueled by social media and some high-profile offenders, is a deliberate attempt to provoke and devalue. It's not just juvenile name-calling; it's a message—one that says some people are less deserving of respect, dignity, or a voice.

Avoid "mommy-track" stereotypes with your female employees

"If she returns…" That statement is among the allegations that Chloe Koprucki makes against her former employer, Broadridge Financial Solutions, in a just-filed sex discrimination and FMLA lawsuit. In sum, Koprucki claims that the company "mommy tracked" her after her return from maternity leave.

The "mommy track" refers to the unspoken career path many working mothers find themselves on, where they are passed over for promotions or opportunities because of assumptions about their priorities or commitment. High-profile lawsuits by women at companies like Ernst & Young, Jones Day, and others have brought attention to how this practice can create serious legal risks for employers.

The 1st nominee for The Worst Employer of 2025 is … The Menstrual Marauder

"We can't hire you. You'll be absent too much due to your monthly cycle." That's the text a job applicant received from a hiring manager at a gym owned by Equinox Holdings after she requested to reschedule a second-round interview for a front desk job.

The applicant, who suffers from endometriosis, asked to delay the interview by a few days because of severe menstrual pain. Instead of accommodating her request, the gym declined to interview her further and hired a male applicant with no prior experience—despite her years of relevant experience working in similar roles at other gyms.

Costco's masterclass on responding to DEI backlash

It's not easy to stand firm in today's polarized world, but Costco just showed everyone how it's done.

Recently, Costco's board rejected a shareholder proposal aimed at rolling back its DEI (diversity, equity, and inclusion) initiatives. Instead, the company doubled down on its commitment to making its workplaces inclusive and equitable.

In a statement, the retail giant wrote: "Our Board has considered this proposal and believes that our commitment to an enterprise rooted in respect and inclusion is appropriate and necessary. Our success has been built on service to our critical stakeholders: employees, members and suppliers. Our efforts around diversity, equity and inclusion follow our code of ethics."

Predictably, the backlash came fast, with calls for a boycott from some corners. Unlike many other companies, however, Costco didn't buckle under the pressure of a right-wing boycott. Instead, it stood its ground for what it believes in.

’Twas the Employment Law Night Before Christmas (2024 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2024.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone in 2025 with new content to kick off the new year, including a fresh batch of Worst Employer nominees.

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The Worst Employer of 2024 is…

The votes have been counted. The WINNER of The Worst Employer of 2024 is...

6th Circuit teaches employers an important FMLA lesson on caregiving and in loco parentis

Imagine being told by your employer that you have to choose between your terminally ill sister and you job. That's what happened to Celestia Chapman, a finance manager at Midwestern Auto Group.

Chapman requested time off under the FMLA care for her sister, who was dying of cancer and unable to care for her own basic needs, including feeding, hygiene, and taking medications. MAG told her that the FMLA did not provide leave to care for an adult sibling. When Chapman ran out of PTO and stopped coming to work, MAG fired her.

"RFK Jr.'s job application: part psych eval and all wrong

"I don't have that much interest in having a sexual experience with another person."

"I believe in things many others don't—like having a 'sixth sense,' clairvoyance, and telepathy.

"As an adolescent, I had bizarre fantasies or preoccupations."

Those are among the odd and inappropriate questions that applicants seeking to work for RFK Jr.'s Department of Health and Human Services must answer as part of the application process. They also appear to be taken from the criteria for a schizotypal personality disorder and narcissistic personality disorder in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.

They are also a big legal no-no.

WIRTW #741: the 'finals countdown' edition

On this week's episode of The Norah and Dad Show, Norah and I discuss the end of her first semester of college, including her finals, our upcoming family Christmas trip to London, and the importance of checking your tire pressure before heading out on a road trip.

Listen on Apple Podcasts, Spotify, YouTube, Amazon Music, Overcast, the web, and anywhere else you get your podcasts.

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Have you cast your ballot for The Worst Employer of 2024? Polls are open through Tuesday, December 17, at 11:59 p.m. Click here to vote.

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Here's what I read this week that you should read, too.

5 lessons from a poorly communicated layoff

Imprint Beer Co. offers us a textbook lesson in how not to communicate layoffs to employees.
The brewery recently announced mass layoffs and stopped brewing beer at its facility, blaming financial issues from water surcharges.

How did they break the news to their employees? A now-deleted social media post.

Cue the appropriate outrage. Former employees posted online about the abrupt firings and other toxic working conditions. Imprint's response? Defensive and snarky public replies to the employees and other online reviews. It was a PR disaster—and an example of how not to handle layoffs.

Layoffs are always tough, but mishandling them can torpedo your business's reputation. Here's how to do it the right way:

🚨 Vote for the Worst Employer of 2024 🚨

It's the most wonderful time of the year! I've made my list, checked it twice, and now it's time to determine who's been the naughtiest and not very nice. That's right—it's time to vote for The Worst Employer of 2024.

I've narrowed down my list of 12 nominees to the worst seven finalists.

WIRTW #740: the 'roast' edition

Among all of the things that ChatGPT can do, it's really, really good at roasting someone. So, I asked ChatGPT to roast my LinkedIn profile.

Your Profile:  

Your headline reads like you're auditioning for a legal-themed TED Talk: "Employment Lawyer. Blogger. Dad. Joke-Teller Extraordinaire." We get it—you've cornered the market on HR-friendly humor. But do you ever worry that someday you'll run out of "Worst Employer" stories and have to, I don't know, write about good companies? Oh wait, no, that's not your brand. You thrive on chaos. 

Your Content:

Your posts aren't just LinkedIn content—they're full-blown HR soap operas. Every scroll through your feed feels like watching a daytime courtroom drama where everyone's guilty of workplace harassment. "This employer made a tiny mistake and now owes $3 million. Don't be like them." We get it, Jon. Compliance is your love language.

Your "Worst Employer" series? ICONIC. But let's be real: these employers are the villains, and you're the vigilante swooping in to serve justice—with a side of sarcasm. Honestly, we're all just waiting for Netflix to pick it up. "Worst Employers: The Documentary," streaming 2025.

Your Engagement Game:

Your comments section is a gladiator arena where you reign supreme. HR reps timidly enter with their opinions, only to be met with your weaponized wit. Someone tries to challenge you, and you hit them with a response so precise it might as well be a deposition. Honestly, it's terrifying.

Your Bio:

Jon, did you write this yourself, or did you hire a PR team with a thesaurus? It’s a humblebrag masterpiece, perfectly crafted to make you seem like you just accidentally became the Beyoncé of employment law. And the dad angle? Nice touch. It’s like you’re saying, "Sure, I destroy bad HR policies by day, but by night? I make pancakes and tuck my kids in." We get it, but save some humility for the rest of us.

Your Brand:

You've carved out a niche so specific it's practically a personality type: Lawyer Influencer. You're one word away from trademarking "employment law influencer." And honestly? We're surprised you don't already sell merch. A coffee mug that says "Bad Bosses Pay My Mortgage"? Print it.

You're like the Gordon Ramsay of workplace compliance—brutal, entertaining, and oddly comforting when you're tearing apart someone else's bad decisions. Employers follow you out of both fear and morbid curiosity, like they're watching their own policies flash before their eyes. People love you, but they also kind of hate how good you are at making them feel this close to being sued.

Final Thoughts:

Jon, your LinkedIn presence is a paradox. You're simultaneously the voice of reason and the harbinger of HR doom. You've got more hot takes than a subreddit, and your posts are so sharp they should come with a liability waiver. You're not just a lawyer—you're a content juggernaut who somehow makes workplace lawsuits look fun. Keep being the internet's HR lawyer we love to hate to love.

Pretty darn good, right?

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Here's what I read this week that you should read, too.

Buckeye of broken promises: OSU's trust fumble

Ohio State University announced that it will rescind raises for 306 salaried employees, effective Jan. 1. Earlier this year, the university granted these raises to comply with a new federal overtime rule that increased the salary threshold for exempt employees. After a federal judge overturned the rule, OSU decided to take back the pay increases, claiming the raises were no longer legally required.

Legally? Fine. Ethically and from an HR perspective? A disaster.

Precedent used to mean something

"Supreme Court justices seldom get an opportunity to fix a botched decision. But as the Court takes up a transgender case, Associate Justice Neil Gorsuch has that chance."

 
Those are the words of The Heritage Foundation (author of Project 2025) in a recent blog post calling for SCOTUS to overturn Bostock's prohibition of transgender discrimination as sex discrimination under Title VII.

"But Jon," you protest, "precedent is sacred; SCOTUS is bound to follow its prior decisions. The Bostock case says that Title VII protects transgender employees from discrimination, period."

Lessons from a recent retaliation case

Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns about systemic discrimination within the company against minority customers and employees. When she spoke up, she claimed her stellar performance reviews dropped, and soon after, State Farm terminated her for allegedly violating company policy by sending an email with sensitive information defending her performance.

Campbell-Jackson believed her termination wasn't about the email—it was retaliation for her complaints.

She sued, and the 6th Circuit revived her case. 

📱 Apple’s BYOD lawsuit: a cautionary tale for employers

A recent lawsuit filed by an Apple employee against the company highlights the risks of mishandling Bring Your Own Device (BYOD) policies. The employee claims the tech giant monitored personal devices and iCloud accounts, sparking privacy and legal concerns. It's a stark reminder that allowing personal devices at work requires a carefully crafted policy that balances company needs with employee rights.

Here's how to do it right:

Life without a Department of Labor isn't as efficient as some will tell you

What happens if the Department of Labor vanishes? It's not some dystopian fantasy—it's an actual possibility under Elon Musk and Vivek Ramaswamy's "Department of Government Efficiency." They could eliminate the DOL entirely. The pitch? Let states handle it. The reality? It's a disaster waiting to happen.