The last year and a half has brought unusual mass movements of people leaving and entering the workplace. Trends have included record breaking resignations, quiet quitting, and most recently, layoffs across industries including tech, financial services, food and beverage, and media. These shifts have led anxious employees to the latest trend of “career cushioning” – […]
While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations.
No one enjoys terminating an employee, but sometimes it has to happen. While many employees will leave without any issues, some might feel they were unjustly let go or be disgruntled after their termination.
“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and he has a meltdown. The […]
Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, repeated mishandling of the worker’s behavior after the episode offers the best explanation for the […]
An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.
The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) has determined that the COVID-19 pandemic is not considered a natural disaster, thus it is not an exception to the federal law that requires businesses to give employees advance notice of mass layoffs. Employers could find themselves liable for mass layoffs […]
Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the […]
Employers must be careful to preserve their rights and not cavalierly ignore the need to present their point of view. A recent case before the Arkansas Court of Appeals illustrates what can happen when an employer doesn’t bother to appear and present evidence opposing a claim for unemployment compensation.
Although it involves Texas law, a recent case illustrates the pitfalls an employer can face when former employees make claims for commissions or compensation after their employment has ended. It also offers suggestions on how employers with commissioned salespeople can avoid the same traps.