Thursday, July 12, 2018

Does an employer have a duty to protect the personal information of its employees?


Consider the following scenario.

An employer discovers that an employee who worked in its information technology department had been stealing older laptop computers. Some of those computers had been used in the employer's human resources department and contained former employees' personal information (including social security numbers and drivers' license numbers), which the company collected on each employee at the time of hire.

Wednesday, July 11, 2018

The 13th nominee for the “worst employer of 2018” is … the murdering manager


Today's post is a lesson in how not manage a poor performing employee.

Believe it or not, it's generally considered poor employee management to attempt to motivate employees by causing them serious physical harm. It's even worse when that serious physical harm results in an employee's death.

Tuesday, July 10, 2018

Brett Kavanaugh, Supreme Court Justice?


The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court.

What type of Justice will Kavanaugh be? No one really knows for sure. All we can do is read his past appellate opinions, and hypothesize.

The opinion I'm offering for your consideration is Ayissi-Etoh v. Fannie Mae, a 2013 racial harassment case that asked the question of whether one isolated yet severe incident of discriminatory conduct — "Get out of my office n***er" — can suffice to establish a hostile work environment.

Monday, July 9, 2018

No, you can't require your employee to work during an FMLA leave


Today, I examine a question I receive all too often — can an employer require an employee to work during an FMLA leave?

So as not to bury the lede, the answer is pretty strong no.

To examine this issue, let's take a look at Lay v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 5/29/18).

Friday, July 6, 2018

WIRTW #513 (the “Murica” edition)


I've been reflecting this week about what it means to be American.

We used to welcome tired, poor, huddled masses, yearning to breathe free. Now we lock their children in cages.

We used to foster global democracy with our allies. Now we shun our allies and cozy up to those who seek to undermine democracy.

Tuesday, July 3, 2018

The 12th nominee for the “worst employer of 2018” is … the soulless supervisor


I did not intend to run back-to-back "worst employer" nominees. And then I received this reader submission (thanks Suzanne Lucas).

The headline says it all:
Manager fired after her callous texts with a mom whose son is on life support go viral

Monday, July 2, 2018

The 11th nominee for the “worst employer of 2018” is … the supervisor supremacist


Last week, I asked why anyone is still using the N-word.

Which brings us to today’s nominee for the Worst Employer of 2018, which apparently did not receive the “Thou shalt never use the N-word, ever!” memo.