Tuesday, November 5, 2019

When it comes to racial preference, the customer is never right


An Illinois Buffalo Wild Wings has fired all employees involved in an incident in which staff acceded to the request of a Caucasian “regular” to relocate a group of African-American diners to a different table. The reason—he “didn’t want to sit near black people.”

NBC Chicago has the details.

Monday, November 4, 2019

An employee’s disability is not a “get out of jail free” card for workplace misconduct


Does a medical leave of absence grant an employee a free pass for pre-leave misconduct discovered during the LOA? This question is squarely at the center of the court’s decision in Williams v. Graphic Packaging International (6th Cir. 10/31/19) [pdf].

Friday, November 1, 2019

WIRTW #575 (the “3.5” edition)


Being a parent is the world’s hardest job. But it’s also the most world’s most rewarding one. Which is why we keep doing it. The rewards are worth celebrating.

Last Friday night, I got to watch my daughter and her band absolutely blow the glass-pyramid roof off the Rock & Roll Hall of Fame at Cleveland Magazine’s Best of Cleveland Party.

“An example,” you ask? Here’s their latest original song, called “3.5” (which, in this proud dad’s very unbiased opinion, rips).


I love seeing the looks on people’s faces when the realize the sounds they are hearing are coming from a bunch of kids. At the Best of Cleveland event, I really loved seeing the band that followed them transform from, “We have to follow some kid band” (which was the look on their faces before soundcheck), to “How in the hell are we supposed to follow that?!” (which they actually said as they were walking onto the stage for their set.)

Here’s some photo memories of the evening, set to the soundtrack of a local radio show’s A+ review of Fake ID.


If you’re so inclined to check out all of Fake ID’s goings-on, they have a website, FakeIDofficialband.com.

Here’s what I read this week.

Thursday, October 31, 2019

Must you tell employees when you are surveilling their devices?


It’s unusual these days for an employee not to have a device issued by their employer, or on which they can access their employer’s information — cell phones, tablets, laptops, and other computing devices.

Conventional wisdom (California notwithstanding), is that if the employer owns the device, the employee has zero privacy rights in that device, its use, or the information stored on it.

That conventional wisdom, however, might be changing.

Wednesday, October 30, 2019

“Tone down your gayness” = $20 million


A jury has awarded a St. Louis County police officer nearly $20 million over allegations that his superiors repeatedly denied him a promotion because they thought him too gay.

According to The Washington Post, the sergeant had more than 15 year of experience when he applied for a promotion. “The command staff has a problem with your sexuality,” he was told. “If you ever want to see a white shirt [i.e., get a promotion], you should tone down your gayness”, which was “way too out there.” The St. Louis Post-Dispatch adds that a captain had also referred to the plaintiff as “fruity.”

Tuesday, October 29, 2019

6 tips to avoid turning your costume party into an HR nightmare


Even this Halloween Scrooge
can get into the spirit
Halloween is this week. Truth be told, Halloween is one of my least favorite holidays. It always has been and always will be. I never liked it, even as a kid. Sure, all the candy was fun, but I just never got into the whole dress-up thing. As an adult, I like it even less. Not to be a Halloween scrooge, but I can’t even get into the holiday for my kids.

A lot of people, however, are into Halloween, and some are really into Halloween. It’s the holiday on which we spend more than any holiday other than Christmas.

And, a lot of your workplaces will be having Halloween celebrations. Some will request that you dress up for the occasion. If you happen to work in one of the workplaces, you have my sympathies. You also have my top 6 tips to avoid turning your innocent costume party into an HR horror show.

Monday, October 28, 2019

The 18th nominee for the “worst employer of 2019” is … the fecal loving fast-food manager


Kari Phillips did not feel well when she awoke prior to her shift at an Oregon City, Oregon, McDonald’s. She called the restaurant to request that someone cover her shift because of her stomach ailment, but a manager told her she had to come in, but would allow her to use the bathroom whenever needed.

According to Willamette Week, however, that’s not what happened once Phillips arrived at work.