Tag: termination

customer harassment

Tips to Limit Risk of Employee Harassment by Customers

Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court of appeals recently ruled a Harrah’s Casino employee can go to trial on her claims […]

Employee Drug Testing in Iowa Receives Further Clarity

The Iowa Supreme Court recently issued important decisions about the state’s private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers. Read on to learn more about the consequential case. Facts Four employees in safety-sensitive positions at a Casey’s General Stores distribution warehouse lost their jobs after random […]

Circuit

Showing Favoritism to Paramour Isn’t Unlawful Sex Bias Under Title VII

Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn’t illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Washington employers). Facts William Maner worked in a medical research laboratory operated by Dignity Health […]

One Strike and You’re ‘Out’

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs and runs a nursing facility in Cleveland, Ohio. It provides respite, short-term, long-term, and hospice […]

Employment contract

Employee May Still Be Entitled to Bonus After Watching Pornography at Work

After being terminated for watching pornography on his work computer during work hours, a former employee sued for breach of contract, and the employer countered by asking the court for summary judgment. The case couldn’t be dismissed without a trial, however, because there is a possibility the company fired him to avoid paying a retention […]

Terminated

Mutual Mistake Helps Ex-Employee’s Bias, Retaliation Claims Avoid Dismissal

If a terminated employee signs a contract releasing all claims against you, she can’t sue you, right? Wrong. A new Missouri Court of Appeals decision illustrates the effect a mutual mistake by the parties can have on the enforceability of the release. Read on to learn how Missouri courts analyze the issue. Facts From 2001 […]

shower

Are Employee Bridal Showers a Work-Related Function?

Most of the time, the employer is the one who gets burned by timekeeping troubles. Here, though, an employee was told to clock out before attending a bridal shower at work but chose to ignore the direct order and clocked out at her normal time (after the party). When she was fired for the falsification […]

age

Is Age Simply a Number? Yes, Say the Courts

In fall 2018, Dutch media personality and self-proclaimed “positivity trainer” Emile Ratelband garnered worldwide attention after petitioning a Dutch court to change his age by 20 years. Ratelband was born in 1949 and wanted to change his year of birth to 1969. Why not?