WIRTW #508 (the “last day of school” edition)

Today is the last day of school. My almost 7th grader is so ready for summer break. Call it middle school burnout. My almost 4th grader? Not so much. He’s already prepped me for a waterfall of tears and dragging him out of school later this morning. At least he looked happy waiting for the bus.

Here’s what I read this week:

Everything you need to know about shredding documents when faced with litigation: DON’T DO IT

If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song called “Shredding the Document,” you are in for a very, very bad litigation day.

This is exactly what happened to GMRI, Inc., the defendant in an age discrimination lawsuit brought by the EEOC in Miami, Florida. GMRI owns Seasons 52 restaurants, and if that name sounds familiar, it’s because it was my 8th nominee for the “Worst Employer of 2018.”

Who is Otis Burke?

By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.

Today, a lot of internet ink will be spilled about ABC’s swift and decisive reaction to cut the head off any potential controversy, how private-sector employees lack free speech rights at work, and why Roseanne’s after-the-fact excuse that she was Ambien-tweeting is irrelevant.

I’d like to come at this from a different angle—all of the individuals who are now unemployed because Roseanne Barr said something racist and offensive and stupid.

Including Otis Burke.

Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”

Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”

In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.

WIRTW #507 (the “12” edition)

Sunday is my daughter’s 12th birthday.

Happy birthday, Norah!

It's not easy being a pre-teen these days, especially as a girl. I know 11 was a hard year. And I can’t promise 12 (or 13, or 14…) will be any easier. Know that we love you, we are very proud of you (even when we’re giving you a hard time — clean your room 😉), and we are here for you no matter what, always.

Now go rock the rest of your years like you rocked the first 11.

Here’s what I read this week:

The 9th nominee for the “worst employer of 2018” is … the raging retaliator

Today, I take you to lovely Riverside County, California, home of Palm Springs, Joshua Tree National Park, the Coachella Music Festival … and the 9th nominee for the Worst Employer of 2018.

Until his termination on May 7, 2018, Andrew Yeghnazar had, since 2010, worked as the President of Blacoh Fluid Control, Inc.

What did Blacoh Fluid Control (allegedly) do to earn its nomination?

Can (or should) OSHA regulate the NFL?

Sports blog Deadspin asks: What If The NFL Were Regulated By OSHA?

Well, Deadspin, I’m glad you asked. I answered this very question over three years ago.