Employees that allegedly take an employer’s stuff without authorization don’t win discrimination cases, but might win defamation cases

Jason Shann worked as the Enterprise Desktop Management Team Leader in the IT department of Atlantic Health System. He also suffered from tinnitus, a crackling and buzzing noises in his left ear caused by an Eustachian tube dysfunction. His tinnitus would flare up unpredictably, and, as it worsened, it caused him to suffer anxiety and depression.

As a result, he applied for, and was granted, a 21-day FMLA leave, and intermittent leave thereafter upon his return to work. Despite the intermittent FMLA leave, his tinnitus continued to worsen. Ultimately, he decided to take short-term disability leave, which he intended to role into long-term disability and retirement. 

Prior to leaving Atlantic Health, the company discovered that he had “removed” a plethora of computer assets from his workplace. According to the police report, he took four laptops, one iPad, three hard drives, one portable DVD-R/RW and RAM Drive, one mouse, and an AC adapter for one of the laptops. The company also discovered that he had used unauthorized third-party software to overwrite more than 27,000 files on the one hard drive he left at his desk.

WIRTW #485 (the “what I’m listening to this week” edition)

A few weeks ago I listed my five favorite podcasts, and asked you for some suggestions to add to my listening queue.

Had I waited a month, Hostile Work Environment would have topped the list.

Each week, Marc and Dennis will bring true stories of wacky, grotesque, and just plain bizarre workplace happenings. And while we hope that you find these cases as interesting and amusing as we do — and laugh along with us in the telling — make no mistake, we’ll also be bringing analysis and legal discussion of those cases.

Two episodes in, they have not disappointed. You cannot go wrong discussing an employee’s fear of the mark of the beast, or a company that disciplines poor performers by spanking them with yard signs.

If you’re reading this, I know you’re an employment law and HR nerd (it’s okay to admit it; I came to grips with it a long time ago). Do yourself a favor a jump over to hwepodcast.com, or your podcast app of choice, and queue up the first two episodes. I guarantee that your daily commute will thank you for it.

Here’s what I read this week:

Work stress and the ADA

I’ve been thinking a lot lately about stress, and the anxiety it can, and often does, cause.

Stress induced anxiety can cripple someone. According to the Anxiety and Depressions Association of America:

• 72 percent of people who have daily stress and anxiety say it interferes with their lives at least moderately.
• 40 percent experience persistent stress or excessive anxiety in their daily lives.
• 30 percent with daily stress have taken prescription medication to manage stress, nervousness, emotional problems, or lack of sleep.
• 28 percent have had an anxiety or panic attack.

What happens, however, when the thing inducing the stress and anxiety is the workplace itself? What are an employer’s obligations under the ADA to accommodate this mental health disorder?

It’s amazing what one finds while packing

Yesterday afternoon, I received the following email from a co-worker:

To: Office All
Subject: Pardon the office all email 

I am sure you all have found interesting things that you had completely forgotten as you cleaned up your workspaces. I have no idea where I obtained this, but I hope you find it as funny as I did.

Announcing “The Employment Law Year in Review” Webinar

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How do we start to STOP sexual harassment?

www.pinterest.com/pin/202802789447314070

Harvey Weinstein, Kevin Spacey, Louis CK, Mark Halperin, Bill O’Reilly, Roger Ailes … the list of men accused of sexual harassment and other sexual misconduct seems to know no end.

I very much hope that we have reached the beginning of a cultural watershed against sexual harassment in America. Which is undoubtedly a good thing, especially when you consider a recent Washington Post survey reporting that nearly one-third of women have received an unwanted sexual advance from a co-worker.

All of which begs the question … if sexual harassment is so prevalent in the American workplace, how do we start having a conversation about how to stop it?

WIRTW #484 (the “happy place” edition)

What’s your happy place?

Where do you take your mind when you’re just having a bad day, when you have to deal with that employee, when a client chews you out (I know, that never happens), or when you otherwise need a mental breather from the world and all of its evil and other craziness?

Mine is watching my kids play music.