7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL

Buddy Phillips injured his ribs while playing with his grandchildren. Over the next two weeks, he called his employer, United Trailers, to report he would miss work. Eventually, however, he stopped making these phone calls. When he failed to show up at work for three straight days without giving notice, United fired him under its attendance and reporting-off policy.

He sued, claiming that United interfered with his rights under the FMLA by failing to advise him of his rights under the statute after it had notice of his serious health condition but before he went AWOL.

WIRTW #587 (the “joy” edition)

On Valentine’s Day, we tend to focus (because marketing and advertising tell us that we should) on our significant other. Not to sound too cheesy, but I focus on my wife every day. I don’t need a special heart-shaped day on the calendar to remind me. Thus, I instead like to focus on the general ideals of love and that which brings joy into our lives. 

So for today, let’s focus less on the Hallmark world of Valentine’s Day and more on all of the things in our lives that bring us love and joy. 

And, in that vein, I bring you something that recently brought me tremendous joy—this video of my daughter learning that her band advanced to the finals of the 2020 Tri-C High School Rock Off. Don’t get me wrong, I’m excited for the opportunities that this will bring them, but I’m more excited because you can see from the look on her face when she hears the emcee announce, “Fake ID,” just how happy this makes her. We all need something in our lives that makes us this happy and joyful.

Happy Valentine’s Day y’all.

Here’s what I read this week:

The 3rd nominee for the “worst employer of 2020” is … the arresting retaliator

An African-American employee claims he suffered rampant discrimination at the towing company at which he worked, including being called racial slurs. But that’s not what qualifies A&B Towing for its nomination as the Worst Employer of 2020. It’s what happened to Michael Fesser after he complained to his boss about the discrimination and harassment that is truly eye-opening and offensive.

NBC News has the details:

Even though this employer won its ex-employee’s retaliation lawsuit, PLEASE don’t do what it did

Family businesses are difficult to manage. They become even more difficult when the owners are spouses, and an employee accuses one of sexual harassment.

For example, consider Allen v. Ambu-Stat.

The Dos and Don’ts of firing an employee

Firing people SUCKS. And anyone who tells you that they take pleasure from it shouldn’t be doing it.

It’s the absolute worst part of any manager’s job. Sure, there are exceptions. An employee sexually harasses, or steals, or assaults someone? I’m not feeling badly about their termination. But otherwise, it’s awful having to communicative to someone that they no longer have a job.

The first person I ever fired broke down in tears and begged for another chance (even though he was at least on his third). He earned his termination, and I still felt completely awful about having to tell him.

Kate Bischoff inspired today’s post with her difference of opinion yesterday, blogging that she likes firing people.

Like or dislike, if you’re in management or HR you will have to fire someone eventually. Thus, today I offer five helpful dos and five helpful don’ts to help ease the pain of the process.

Amazon’s crackdown on employee climate-change protesters is a teachable moment on employee speech rights

Earlier this year, Amazon threatened to fire two employees who spoke out against the company’s stance on climate change. In addition, the company also issued a new employee communications policy.

The protest started last April when a group calling itself Amazon Employees for Climate Justice published a letter signed by more than 8,700 employees. It called on Amazon to adopt a company-wide plan to address climate change. As the protests intensified, Amazon ultimately reacted with the new policy and the job threats.

WIRTW #586 (the “silos” edition)

Yesterday, Suzanne Lucas (aka the Evil HR Lady), asked a question about corporate jargon.

One of my least favorite corporate jargon-isms? “Stay in your lane.” It suggests that we only do that which we do best, and not veer into areas outside of our comfort zone.

Why not? New and different lead to learning and creativity.

Comfort zones are boring. They can lead to staleness and silos.