Tuesday, February 25, 2020

Just being in a protected class is never enough to protect an employee’s job


When Wisconsin Physicians Service Insurance Corporation terminated Mary Lou Stelter from her sales position, she claimed disability discrimination relating to a workplace back injury and her related two-month leave of absence.

WPS, on the other hand, argued that Stelter’s manager, Wendy Harings, expressed concerns about Stelter’s performance deficiencies and absenteeism four years before the back injury; thus, any negative marks after her injury were merely a continuation of her long history of on-the-job issues and not evidence of discriminatory animus.

Monday, February 24, 2020

The 4th nominee for the “worst employer of 2020” is … the perverted Peking-duck purveyor


Every year I worry about how I’m going to fill my annual list of worst employers. I’ve yet to be disappointed.

The EEOC recently filed suit against a Medford, Oregon, Chinese restaurant after its middle-aged night-shift manager repeatedly sexually harassed young female employees.

Friday, February 21, 2020

WIRTW #588 (the “new voices” edition)


One of the benefits participating in the Tri-C High School Rock Off is that your band gets featured in the Rock & Roll Hall of Fame’s “New Voices in Rock” video series. One of the benefits of advancing to the Finals is that your band gets featured a lot more in said video. So, without further adieu, I bring you Fake ID’s contribution to the Rock Hall’s “New Voices in Rock” series.


The Finals are next Saturday night, February 29. Tickets are only $12 (including Rock Hall admission) and are available here. Aside from Fake ID participating, it really is one of Northeast Ohio's best music events of the year.

Here’s what I read this week:

Thursday, February 20, 2020

Just because an employer wins summary judgment doesn’t mean you should emulate its behavior


Jennifer Paskert worked as a sales associate for Auto$mart, a “buy here, pay here” used car dealership located in Spirit Lake, Iowa. During her six months of employment, she claimed her manager, Bret Burns, sexually harassed her. Her allegations included overhearing Burns tells other than he “never should have hired a woman” and wondering aloud if he could make Paskert cry. Burns also bragged at work about his sexual conquests. One on occasion he attempted to rub Paskert’s shoulders told her he was going to give her a hug. On another occasion, after Paskert had criticized how Burns treated women, Burns replied, “Oh, if you weren’t married and I wasn’t married, I could have you … You’d be mine … I’m a closer.”

Ultimately, Auto$mart fired Paskert for “insubordination.” She then filed suit for sexual harassment, among other claims.

Wednesday, February 19, 2020

“It’s a major award!”


I hate tooting my own horn. It usually comes off as self-serving and tasteless. But, sometimes it’s unavoidable. Today is one of those days.

I’m being honored by the Cleveland-area chapter of the National Association of Social Workers as its Public Citizen of the Year. 

Tuesday, February 18, 2020

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.

Friday, February 14, 2020

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: