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Wrongful Discharge

The Devil Went Down to the EEOC:A Story on Religious Accommodation

October 17, 2013
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Before you dismiss an employee’s request for a religious accommodation as silly or outrageous, stop, think, and decide whether the expense or difficultly in making the accommodating exceeds the cost and aggravation of defending a possible discrimination lawsuit.


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Can George Costanza Sue for Sexual Harassment or Retaliation?

October 16, 2013
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There is nothing wrong with employees dating. Nothing good, however, comes from a boss having relations with a subordinate employee, especially one who is a direct report.


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Fired for Posing for Playboy? Or, How Does an Employer Prove a Negative?

October 7, 2013
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Proving a negative is the most difficult position for an employer, and, often, the most expensive for an employer to defend.


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Legal Briefing: Employers Must Retain Electronic Records

September 16, 2013
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Employers should create a data-retention policy that describes generally how it will retain such data, and limit when such records can be deleted.
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When You Gotta Go, You Gotta Go: The Right to Workplace Bathroom Breaks

September 11, 2013
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Employers shouldn’t be the potty police. When an employee has to go, an employee has to go. Unless an employee seems to abusing bathroom rights, let employees be.
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Lies, Untruths and Protected Concerted Activity

September 10, 2013
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Despite the belief of some that the NLRB is pushing the bounds of what qualifies as protected concerted activity vis-à-vis social media, one universal truth remains the same—liars do not win cases.
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Controlling the Discrimination Case

June 5, 2013
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How a court frames who is, and who is not, “similarly situated” can be dispositive of the issue of discrimination. For this reason, it is wise to examine any potential similarly situated employees for similar or dissimilar treatment under like circumstances before taking action against a protected employee.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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There Are No Magic Words to Invoke the FMLA

May 29, 2013
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When there exists any doubt over whether an employee is seeking time off for a reason that could qualify under the FMLA, there is no harm in treating the request as one for FMLA leave.
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