Monday, November 7, 2022

Would you fire this employee?


Over the weekend, I asked a simple question on LinkedIn: "Would you fire this employee?"

The employee in question took to LinkedIn to celebrate Elon Musk's dismantling of Blackbirds. Blackbirds was an Employee Resource Group for Black Twitter employees to support them, foster their development, and provide them a safe space within the company.

Friday, November 4, 2022

WIRTW #649: the “Ye” edition


We need to talk about Kanye. 

In the wake of his rampant and unapologetic antisemitism, people are hanging antisemitic banners on highway overpasses and projecting antisemitic slogans on the side of college football stadiums, others are dressing up like Hitler and other Nazis for Halloween, and famed Covid-denier and flat-earther Kyrie Irving is sharing a movie full of antisemitic tropes. 

Employers need to take a firm stand against hatred. Now is not the time to stand idly by. 

Anti-Semitism is wrong. 

White supremacy is wrong. 

Racism is wrong. 

Xenophobia is wrong. 

Homophobia, lesbophobia, biphobia and transphobia are wrong. 

Hard stop. 

Anyone displaying this hate, whether inside or outside of work, should be fired. 

Any idiot is free to say whatever he or she wants. But as an employer, I am free to hold that idiot accountable for his or her ignorant hatred. Actions have consequences, and until we start holding people accountable for theirs, we are signaling that this is okay, that this is normal. It's far from okay or normal. It's disgusting and deplorable. 

Silence in the wake of hate at best condones the hate, and at worst participates in it. If it's my business, I choose not to stay silent.

Here's what I read/listened to this past week that you should also read/listen to:

Thursday, November 3, 2022

The 13th nominee for the “Worst Employer of 2022” is … the slaughtering supervisor


There's retaliation … and then there's murder. 

A federal court jury recently returned a unanimous guilty verdict against Juan Rangel-Rubio for murdering a whistleblower who exposed a multi-million-dollar scheme to fraudulently employ undocumented workers. His two co-defendants—Rangel-Rubio's brother, Pablo, and Higinio Perez-Bravo—await sentencing after pleading guilty for their role in the murder conspiracy. 

Wednesday, November 2, 2022

If your surveilling employees, the NLRB is watching you


Wearable trackers. Security cameras. GPS trackers. Keyloggers. Live webcam monitoring. Technology has made it easier for employers to monitor and manage their employees' productivity and discipline employees who fall short of expectations. Moreover, technology makes it possible for employers to continue tracking employees after the workday ends via employer-issued cellphone or wearable devices, and apps installed in employees' own devices.  

Employers are monitoring employees, and the NLRB is monitoring employers' use of these monitoring technologies.

NLRB General Counsel Jennifer Abruzzo just issued a memo on Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights.

Tuesday, November 1, 2022

Pretext for termination ≠ cause for termination


Shortly after Elon Musk closed his $44 billion acquisition of Twitter, he cleaned out its C-suite. He fired CEO Parag Agrawal, CFO Ned Segal, CLO Vijaya Gadde, and general counsel Sean Edgett. 

This is not all that unusual. A new owner of a company should feel 100 percent comfortable with his executive team, and if Musk wasn't totally comfortable with that quartet running Twitter, then it's his prerogative to replace them. 

Employees who hold positions of authority such as CEO and CFO usually have employment agreements, and those agreements typically contain severance payouts if the agreements are terminated "without cause" prior to their natural expiration. This group of Twitter execs appear to be no different, and reports suggest that their agreements called for severance payouts totaling $122 million.

Monday, October 31, 2022

Are unions cool (again)?


Are unions cool again? Were they ever cool? 

On the most recent episode of Good Morning, HR, I sat down with host Mike Coffey to discuss the current wave of unionization that is sweeping the nation.
  • The main factors causing a renewed focus on unionization.
  • How Gen-Z has been energized to pursue safe and fair workplace environments.
  • The signs that employees are ready to unionize.
  • The best way that employers can avoid unionization.
  • Actions employers should take when faced with an organization effort.
  • The limits of employers and organizers during a union campaign.
You can listen on Apple Podcasts, Spotify, Google Podcasts, Stitcher, on the Good Morning, HR website, and everywhere else you get your podcasts. You can even watch on YouTube.

To whet your appetite, here's a quick tease. I answer the question, "What should the employer do when they first get wind that there's card collection activity going on?"


Friday, October 28, 2022

WIRTW #648: the “Red October” edition


All of my earliest sports memories involve the 1980 Phillies. 

Mike Schmidt's towering home runs. 

Steve Carlton's unhittable sliders. 

Bake McBride's hair. Pete Rose taking out Bruce Bochy at home plate. 

Tug McGraw leaping off the mound after striking out Willie Wilson and sealing the Game 6 victory against the Royals. (It was the first World Series win for one of baseball's oldest franchises, ending its 97-year title drought, and is the defining sports moment of my childhood).

I'll be the first to admit that I've fallen off the Phillies train since their last playoff run ended in 2011. It's a combination of living in Cleveland for nearly 30 years combined with a decade of mediocrity. 

Well, I'm back, baby! I've had an eye on the Phillies all season long, but with this month's dominant playoff run, capped off by Bryce's Bedlam at the Bank, I am all in for the Fightin' Phils!!!

If you're still on the fence of who to root for in the World Series, here are 8 reasons the Phillies should (must) be your pick over the Astros (one for each of the Phillies' 8 NL pennants).

  1. Philly is the underdog. 87 wins and the last team in vs. 106 wins and the best team in the American League. We're Rocky against Houston's Apollo Creed. Who roots for Creed to win?!

  2. No Philly = no baseball. Philadelphia is the cradle of our nation. Without Philly, there's no America. And if there's no America there's no need for America's pastime. 

  3. The Philly Phanatic is the best mascot in all of sports. No debate. Case closed. (Sorry, Gritty.)

  4. The Astros win too much. This is their 4th World Series in the past 6 years. It's time for someone (anyone) new. Why not us?

  5. The Astros are a bunch of stinkin' cheaters. They cheated their way into winning the 2017 World Series and suffered no real consequences. Their bill is way past due, and the Phillies have come to collect.

  6. This Phillies team is what sports is all about. No prima donnas, just blue-collar attitudes and hard work until the last out. This team never quits and is crazy fun to watch.

  7. Cheesesteaks > tamales.

  8. Ted Cruz is an Astros fan. 'Nuff said.
Go Phillies!!!

Here's what I read this past week that you should read, too.