Tag: Employment law

Ben Franklin

LITIGATION VALUE: $800,000+ If an executive learns that a regional manager has sponsored a bachelor party in the warehouse, hired a stripper, offered to “deflower” the bride, taken an employee to a sex store, received a lap dance, and allowed a pervert dressed up like Benjamin Franklin to make a lewd statement to the receptionist, […]

The Electronic Time Bomb on Your Desk

by Albert L. Vreeland Recently, your job as Shepherd of All Things Employment became a lot more complicated (and legally risky) — for reasons you may not even be aware of. On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored information. That may sound […]

The Return

LITIGATION VALUE: $300,000+ Thank god for damage caps. No matter how well intentioned, throwing a “welcome back” party for your Mexican-American employee by decorating the break room with piñatas, paper sombreros and streamers in the colors of the Mexican flag is not a good idea. Ever. Under no set of circumstances. Sure, Michael (and the […]

Sexual Harassment

LITIGATION VALUE: Over $700,000 It would be pretty safe to say that any time a company’s regional manager asks a female employee to act out a lesbian love scene during its anti-harassment training you have problems. Expensive problems. Not only does the company face liability for Michael’s actions in contributing to the hostile working environment […]

NLRB Issues Two More ‘Supervisor’ Decisions

The National Labor Relations Board (NLRB) has recently decided two more “supervisor” cases under its new standard. The decisions are in addition to one the Board recently issued that shed some light on the often murky question of which employees are considered supervisors rather than “lead employees” under the National Labor Relations Act (NLRA). That […]

Back From Vacation

LITIGATION VALUE: $150,000 I empathize with Michael. There is nothing worse than the sinking feeling in the pit of your stomach when you realize that you just accidentally forwarded that witty e-mail (which you worked on all morning) mocking your boss’s bad suits and strange habits to your boss, herself, rather than to your clever […]

The Convict

LITIGATION VALUE: $500,000 I’d say that Martin (“the Convict”) Nash has a damn good race discrimination case. First his boss publicly humiliates him by announcing that he is a convict, and then, during the same speech, asks his co-workers to name trustworthy people so he can identify an African-American whom he trusts more. Who does […]

Branch Closing

LITIGATION VALUE: $150,000 in defense costs — unless (and that is a big unless) the WARN Act applies. Call me crazy, but announcing “we’re screwed” is not the best way to tell employees that the company is closing down its branch. Not only does it create turmoil among the employees, but it comes nowhere close […]


LITIGATION VALUE: $350,000 My grandmother always said that the road to hell is paved with good intentions. I never knew exactly what she meant. Until now. Michael’s diversity training, well intentioned as it may have been, provides ample evidence of discriminatory bias against employees of Indian descent in general and of Kelly in particular. Indeed, […]

Grief Counseling

LITIGATION VALUE: Nominal An employer can do many things to assist employees in coping with grief, but requiring them to attend a bird funeral in the parking lot is not one of them. Also, as a general rule, regional managers shouldn’t be soft shoulders for their subordinates. Certainly, they shouldn’t have a meeting asking employees […]