Practical HR Tips, News & Advice. Updated Daily.
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 […]
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 […]
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 […]
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, […]
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 […]
LITIGATION VALUE: $65,000 Somehow I don’t think that having Dwight stand on his desk with the word “liar” hanging from his neck is exactly what Jan meant when she told Michael to get control of his branch. Nevertheless, while Michael’s reaction was extreme, it will probably not expose the company to significant legal liability. Being […]
LITIGATION VALUE: Nominal (but only because Michael’s party was a flop) Unfortunately for employers, what happens in Vegas does not always stay in Vegas. As a result, employers are increasingly faced with liability for their employees’ “booze-fueled sex romps,” as Michael so elegantly put it. Maybe it’s the exotic locale, or maybe it’s the free […]
LITIGATION VALUE: $0.00 to $450,000+ (depending on which state you are in) Overall, I’d say that Oscar has a good (read “expensive”) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, […]
In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]